STATE Vs. VINOD KUMAR GUPTA

JUDGEMENT

(1.) Petitioner seeks leave to appeal against the judgment dated 23rd January, 2009 passed by learned Additional Sessions Judge, New Delhi in Criminal Appeal No. 2/2001/1994 whereby respondent has been acquitted on charges under Section 7/16 Prevention of Food Adulteration Act, 1954.

(2.) Briefly stated facts of the case are that sample of paneer was purchased by Food Inspector R.P. Singh on 7th December, 1988 at about 12.45 p.m. from the respondent. Sample was cut in three small pieces with clean and dry knife and was sealed in sepa-rate dry bottles. Twenty drops of formalin was also added before the sealing the sample in different bottles. One counterpart of sample was analyzed by public analyst on 15th December, 1988 who found the sample not conforming to the prescribed standard as the moisture contents exceeded the maximum limit of 70% and milk fat was 25.37% against the minimum prescribed limit of 50%.

(3.) Complaint was filed by the petitioner in the court of learned Metropolitan Magistrate after about four months, on an appli-cation filed by the respondent under Sec-tion 13(2) of the PFA Act sample was sent to Central Food Laboratory (CFL) and its report dated 5th May, 1989 was obtained. As per this report, sample was found to be not confirming to the prescribed standard of paneer as milk fat contents was 28.1% against the minimum limit of 50%.