STATE Vs. SUNIL DUTT

JUDGEMENT

(1.) This is a leave to appeal filed by the State against the judgment dated 03.07.2008 passed by Shri S.K. Sarvaria, learned Additional Sessions Judge, New Delhi, acquitting the Respondent-accused of an offence under Section 7 of the Prevention of Food Adulteration Act, in respect of which he was held guilty by the learned Metropolitan Magistrate.

(2.) Briefly stated, the facts of the case are that the Appellant Food Inspector is alleged to have taken a sample of 18 sticks of ice candy from the freezer of the Respondent accused on 06.04.1989 at about 5 PM with the help of Food Inspector Rajesh Kumar. The samples of ice candies were taken with the help of clean and dry 'patilas' and spoons, and thereafter divided in three equal parts. They were separately sealed after adding 24 drops of formalin in each counterpart. Statutory documents are alleged to have been prepared on the spot and one sample was sent to the Public Analyst for the purpose of examination. The Public Analyst after examination, opined that the sample contained dye content to the extent of 0.27gms/Kg. which was beyond the permissible limit of 0.20 gms/Kg which was, the fixed standard under the Prevention of Food Adulteration Act. Accordingly, after obtaining necessary sanction from Director (PFA), a complaint under Section 7 read with Section 16 of the Prevention of Food Adulteration Act was filed in the Court of Metropolitan Magistrate on 07.06.1989.

(3.) The accused has put in his appearance and exercised his right under Section 13(2) of the Prevention of Food Adulteration Act to get the second sample of the article of food examined from the Director, CFL, Mysore. Accordingly, a second sample of the ice candy was sent to Director, CFL, Mysore who gave a certificate of examination dated 27.07.1989 and confirmed the finding that the sample was not conforming to the standard so far as the total dye content is concerned. It was opined that the total dye content was 0.310 gms/Kg. whereas the maximum permissible limit was 0.20 gms/Kg. Accordingly, a notice under Section 251 of Code of Criminal Procedure was given to the Respondent-accused.