DELHI ADMINISTRATION Vs. MANOHAR LAL

JUDGEMENT

(1.) The Appellant impugns a judgment dated 11.11.2011 whereby the order of the learned Metropolitan Magistrate("MM") dated 02.05.2011 holding the Respondent guilty under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954 (PFA Act) and the order dated 13.05.2011 whereby the Respondent was sentenced to undergo RI for one year and to pay a fine of Rs. 15,000/- was set aside and the Respondent was acquitted.

(2.) On 31.03.2003, Food Inspector S.B. Sharma purchased a sample of "Dal Arhar" (a food article) for analysis. The sample purchased was properly mixed with the help of a jhaba; it was divided in three equal parts and was put in three separate clean and dry bottles. The bottles were separately packed, sealed and labelled as per the provisions of the PFA Act and the Rules made thereunder. One sealed bottle was sent to the Public Analyst for analysis who by his report dated 10.04.2003 opined the sample to be adulterated as it was found to contain a synthetic colouring matter, viz, "Tartrazine". After obtaining consent under Section 20 of the PFA Act, the complaint was instituted against the Respondent.

(3.) On analysis of the evidence adduced, the learned MM opined that the Appellant had successfully proved the purchase of the sample which was found to be adulterated with the presence of "Tartrazine". The Respondent was convicted and sentenced to imprisonment as stated earlier.