DELHI ADMINISTRATION, DELHI Vs. SUNIL KUMAR

JUDGEMENT

(1.) This appeal has been preferred against the impugned judgment dated 02.9.2004 wherein appellants {Sunil Kumar and Lajwanti, convicted by the learned Metropolitan Magistrate under Sections 7 and 16 of the Prevention of Food Adulteration Act (hereinafter referred to as the "PFA Act") had been sentenced to undergo rigorous imprisonment for one year each and to pay a fine of Rs.1000/- each in default of payment of fine to undergo simple imprisonment for two months}. The impugned judgment had set aside the order of the learned Metropolitan Magistrate; both the respondents have been acquitted.

(2.) The case of the complainant is that on 10.12.1992 at about 3.15 p.m. Food Inspector Sanjeev Gupta (PW-2) had purchased a sample of "atta" for analysis from respondent no.1 i.e. Sunil Kumar at M/s Prakash Store FPS No.2093, S. No.51 Khanna Market, Lodhi Colony, New Delhi. The sample was taken from a gunny bag bearing no level declaration; it was taken after proper mixing with the help of clean and dry jhaba. The sample was divided into three equal parts; each parts and its counter-part were packed, fastened and sealed as per PFA rules. One of the said samples were sent to the Public Analyst who found the sample adulterated.

(3.) This sample was analyzed after eleven days. The analysis took place on 21.12.1992. The result of the analyst reads as under :