R N GUJRAL Vs. SHYAM SUNDER AND SONS

JUDGEMENT

(1.) In this revision petition, the petioner who had filed a. complaint under section 7/11 of the prevention of Food Adulteration Act, 1954 (hereinafter called the 'Act') against M/s Shyam Sunder & Sons and others has challenged the order passed on September 8, 1980 by Shri J.P. Sharma, Metropolitan Magistrate discharging the accused respondent herein

(2.) . Briefly the fads of the prosecution case were that M/s Shyam Sunder & Sons were dealing in the sale of edible oil at their shop D-6 Shardhanand Market, Delhi. On November 8, 1979, at about 4.40 P.M., Shri Gian Chand Food Inspector, purchased a sample of Imported Soyabean Oil from one of the partners of M/s. Shyam Sunder & Sons under the provision of the Act and the Rules made thereunder. This sample of Soyabean oil was sent for analysis. According to the public Analyst, it was adulterated. The report declaring it to be such is as follows :

(3.) From the record, it appears that the said letter which according to the prosecution was issued under Section 222-A and has a statutory force was not produced. The learned Magistrate however found that the sample in question confirmed to the prescribed standard laid down in the Rules. It was held that "the prosecutions miserably failed to satisfy the Court as to how some instructions contained in some letter of Govt. of India can take the force law and bind the public at large without their being P.F.A. Rules on the point or public notification." Accordingly, the accused were discharged.