M.C.D. Vs. JAWAHAR LAL

JUDGEMENT

(1.) Food Inspector, R.S. Tyagi, on 12th Aug. 1976 purchased from Jawahar Lal Respondent a sample of cows milk weighing 660 mls. on payment of price of Rs. 1.30 vide receipt Ex. P.A. He gave notice Ext. P.B. to the respondent declaring his intention to have the sample analysed. Inventory Ex. P.C., was prepared at the spot which was duly signed and thumb marked by the Respondent. The sample on analysis by the Public Analyst as per his report Ex. P.E., was found to be adulterated due to 0.16 percent deficiency in milk solid not fats. Accordingly, a complaint under section 7 read with Sec. 16 of the Prevention of Food Adulteration Act (hereinafter called the Act) was filed against the respondent. The trial court by its impugned judgment dated 5th Oct., 1978, holding in favour of the prosecution on facts, dismissed the complaint on the ground that Shri J.P. Sharma, Public Analyst was not a validly appointed Analyst for the Union Territory of Delhi. The Corporation feeling aggrieved by the aforesaid judgment has filed the present appeal.

(2.) So far as the question of validity of the appointment of Shri J.P. Sharma, Public Analyst, is concerned, it has already been answered by a Double Bench of this court in Municipal Corporation of Delhi Vs. Lahasa Restaurant 1980 (II) FAC 90 (C.r. A. No. 5 of 1980) decided on 1st April, 1980. This aspect of the matter need not, therefore, detain us.

(3.) It may also bear mention here that during .the trial the counter part sample bottle was sent to the Director, Central Food Laboratory, eliciting his opinion. According to the Director, Milk fats to the extent of 7.7 per cent were found present in the sample.