STATE Vs. RAMESH CHAND

JUDGEMENT

(1.) Petitioner seeks leave to appeal against the judgment dated 12th November, 2008 passed by the learned Additional Sessions Judge, New Delhi in criminal appeal No. 378/1996, whereby respondent has been acquitted of charges under Sections 7/16 of Prevention of Food Adulteration Act (for short hereinafter referred to as "PFA Act")

(2.) Brief ,acts, of the case are that on 5th November, 1983 at about 6:30 p.m. Food Inspector Sh. S.K. Sharma purchased paneer from respondent, proprietor of M/s Aggarwal Sweets, Naraina, New Delhi. Three samples were taken out from the paneer so purchased and sealed in separate bottles. However, before sealing the samples 20 drops of formalin were added in each bottle. One counterpart of the sample was analyzed by Public Analyst on 8th November, 1988 and he found it not to be conforming to the prescribed standard laid down for paneer. Milk fat was found 26.75% as against the minimum prescribed limit of 50%,.

(3.) Complaint under Sections 7/16 of the PFA Act was filed on 17th February, 1989 On respondent moving an application under Section 13(2) of the PFA Act other counterpart sample lying with the local Head Authority- was sent to Central Food Laboratory (CFL) and its report was obtained. According to the report of CFL, milk fat con- tent was found to be 39.7%.