MUKESH KUMAR Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) These two sets of petitions are filed seeking quashing of criminal complaints filed against the petitioners by the Food Adulteration Department of Govt. of N.C.T. of Delhi as also the summoning orders dated 22.12.2005. In one set of complaints, the samples which were taken relate to food article 'Mango Crush' and another set of four cases, the food article was 'Pineapple Crush'. The samples of both these commodities on testing by Public Analyst were found to be adulterated. The opinion of the Public Analyst in all the cases relating to 'Mango Crush' and 'Pineapple Crush' reads thus:

(2.) The Public Analyst identified the added synthetic colour as 'Sunset Yellow' in the samples of 'Mango Crush', whereas in samples of 'Pineapple Crush' the added synthetic colour was identified as 'Tartrazine'.

(3.) The complaints are sought to be quashed on the grounds that the petitioners had licence under food preservation order (FPO) and so, they could not be prosecuted under the P.F.A. Act. In this regard, it was submitted that as per the FPO Order, 1955, the use of Tartrazine and Sunset Yellow colours was permissible. It was also the case of the petitioners that the use of the aforesaid colours in the sample commodities was not prohibited under Rule 29 and so, the prosecution for alleged violation of Rule 29 was not legal. In this regard, the reliance was also placed on the judgments of this Court in Crl.M.Cs. 3405/2009 and 3407/2009 decided on 21.4.2011.