DELHI ADMINISTRATION Vs. SANJAY NAGAR

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment dated 30.9.2004 whereby respondent has been acquitted of the offence under Section 16 of the Prevention of Food Adulteration Act (hereinafter referred to as the PFA). The case of the complainant is that on 18.4.1995 at about 8.00 a.m. Inspector Dharam Pal Singh (PW -2) had purchased a sample of cow milk from the appellant Sanjay Nagar from his shop at Nagar Dairy, Yamuna Vihar, Delhi where the said food article was stored for sale. A sample consisting of 750 ml cow milk was taken from an open drum having label declaration of "Cow's Milk". The sample was divided into three equal parts and kept in separate clean and dry bottles; 20 drops of formalin were added to each bottle; each bottle was separately packed. Panchnama was prepared at the spot; the other documents were also prepared at the spot. One counterpart of the sample was sent to the Public Analyst for is report. It had given report on 26.4.1995. This report reads as under:

(2.) THIS report had concluded that the provisions of Section 2(ia)(m) have been violated and the respondent was liable for having committed an offence punishable under Section 16(1) read with Section 7 of the PFA Act.

(3.) STATEMENT of the accused was recorded. He denied the allegations. He submitted that he was not selling milk. No public person was joined at the time when samples were taken. The measures were not taken for taking the sample in clean and dried bottles.