STATE Vs. CHARANJIT SINGH

JUDGEMENT

(1.) By this petition the Delhi Administration is seeking to challenge the order passed on 20th May, 1981, by Shri J.P. Sharma, Metropolitan Magistrate discharging the respondent herein for an offence under Section 7/16 of the Prevention of Food Adulteration Act (herein called 'the Act'). A complaint for this offence was filed by Mr. R.N.Gujral, Assistant Municipal Prosecutor in the Court of the Magistrate against the accused in his capacity as the proprietor of M/s. Gulati Stores, Naya Bang, Delhi, on the allegation that the sample of tea purchased from him on 8th May, 1980 by a Food Inspector was found to be adulterated on analysis.

(2.) On an application moved by the accused, under Section 13(2) of the Act, one counter part of the sample was sent to the Director, Central Food Laboratory, Ghaziabad who opined, "the sample shows presence of extraneous iron particles. The size of the iron particles is however, less than 1. mm." The Director found that the sample contained ''Eight iron particles of size less than I mm present in 50 gm. sample : Total iron content of the extraneous iron particles (on sample basis) : 72.0 ppm."

(3.) The learned Magistrate in support of his decision relied on two letters issued by the Central Government to the State Governments wherein after noticing the fact that "during the processing of tea a certain quantity of iron fillings is left in the tea powder due to friction of machinery parts and despitr all efforts, the entire quantity of iron fillings deposited during the precesling cannot be removed," it was recommended to the State Governments that prosecutions be launched only in cases where the samples of tea were found to contain iron fillings of more than 2 mm. in size subject to the condition that total content of those fillings was not more than 250 parts per million (ppm.).