STATE Vs. PHUL CHAND

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment dated 20.12.2004 wherein the respondents Phul Chand and Gopi Ram Tara Chand stood acquitted for the offence under Section 16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the 'said Act ').

(2.) RECORD shows that on 28.09.1995 at about 05:45 pm Satish Gupta (PW -1), the Food Inspector had purchased a sample of Urad Dal Chilka from Phul Chand at his store M/s Gopi Ram Tara Chand, 2322/4, Rui Mandi, Delhi -110006 where the articles were found stored. The sample comprised of 750 gms of 'Urad Dal Chilka '. It was taken from an open gunny bag having no label declaration after a proper mixing with a clean dry ihaba. It was divided into three parts and each part was separately packed, fastened, marked and sealed as per the Prevention of Food Adulteration Rules, 1995 (hereinafter referred to as the 'said Rules ').

(3.) A second counterpart of the sample was thereafter sent to the Public Analyst, Bangalore by the Department when exercised its right under Section 13 (2 -E) of the said Act for analysis. The second report (dated 15.12.1995) reported the sample to contain an artificial colour; conclusion was that the sample was adulterated.