SUBHASH CHANDER Vs. STATE DELHI ADMINISTRATION DELHI

JUDGEMENT

(1.) This petition under section 482, Criminal Procedure Code . is directed against the order of the Metropolitan Magistrate dated March 5, 1982

(2.) These are the facts. The respondent Delhi Administration, tiled acomplaint under section 7/16 of Prevention of Food Adulteration Act (the Act). In the complaint it was alleged that the chocolate ice cream which the petitioner Subash Chander was vending was adulterated as well as misbranded as founded by the public analyst in his report dated 29th May, 1981. he accused Subhash Chander was summoned. He exercised his right under sec. 13 (2) of the Act to have the sample sent to the Director of Central Food Laboratory for analysis. The court received a certificate of the C.F.L. dated 16-1-1982. The certificate went in favour of the accused.

(3.) The public analyst had found that the ice cream was adulterated. He gave this opinion. "The ice cream layer of the sample contains milk fat 9% 'against the minimum prescribed standard of 10.0%. It also contains starch without any declaration as required under rule 43 (2) of P.F.A Rules 1955". The certificate of the Central-Food Laboratory was to the contrary. The Director certified that the sample was not adulterated. He gave his opinion on solids, milk fat and protein. He did not say without on starch.