STATE Vs. SHIV SHANKAR

JUDGEMENT

(1.) This is an appeal filed by the State against the Judgment dated 2nd April, 2004, whereby the respondent was acquitted of the charge under Section 16 of Prevention of Food and Adulteration Act, 1954.

(2.) On 31st December, 1992, Food Inspector Surender Kumar Sharma purchased, for analysis, a sample of paneer, a food article, from the respondent who was running business under the name and style of M/s Kumar Dairy, 6/33 Moti Nagar, New Delhi. Paneer was found stored in the shop of the respondent for the purpose of sale. The case of the complainant is that the sample of paneer purchased by the Food Inspector, weighing about 750 gms., was cut into small pieces with the help of clean and dry knife in a clean and dry aluminum tray and was mixed with the help of clean and dry steel spoons. The sample was then divided into three equal parts each of which was kept in a separate clean and dry bottle and 20 drops of formalin was added to each bottle. After packing, fastening, marking and sealing the sample as per PFA Act & Rules, signatures of the respondent were obtained on the paper slip and wrapper of the bottle. One counterpart of the sample was sent to Public Analysis, whereas the remaining two samples were deposited with the Local Health Authority. It was reported by the Public Analyst that the sample did not conform to prescribe standard, as the milk fat in paneer was less than the prescribed minimum standard of 50%.

(3.) On receipt of summons, the respondent appeared before the Trial Court and on his request, the second counterpart of the sample was sent to Director, Central Food Laboratory for analysis. It was reported by Director, Food Laboratory that the sample did not conform the prescribed standard of paneer as the fat contained was below the minimum specified limit of 50%.