STATE NCT OF DELHI Vs. SURENDER KUMAR JAIN

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment dated 16.02.2005 wherein the trial Court had acquitted the respondent of the offence under Section 16 of the Food Adulteration Act (hereinafter referred to as the 'PFA'). The case of the complainant is that on 14.07.1995 at about 12:30 pm, the Food Inspector Bal Mukund (PW -1) had taken sample of "sodium benzoate" (a food article) from Surrender Kumar Jain from his shop i.e. M/s. Puran Chand & Sons at 3540, Qutab Road, Delhi. The said article was being stored for sale. The respondent was conducting business at the time when this food sample was purchased; the sample consisted of thirty originally sealed packets containing 20 gms "sodium benzoate" each; the sample was divided in three equal parts and each sample was correctly sealed, packet and fastened. The panchnama (Ex. PW -1/C) was prepared at the spot. The other documents including vendor's receipt (Ex. PW -1/A), cash memo (Ex. PW -1/D) were prepared at the spot. Efforts were made to join public witness but no public witness had joined. One counterpart has been sent to the public analyst. The public analyst vide its report dated 24.08.1995 had reported that the sample is mis -branded because there is a violation of Rule 48 -C. Accordingly, the challan was filed.

(2.) THE prosecution in support of its case has examined Food Inspector (PW -1) and Gopal Singh (LHA) (PW -2). The statement of the accused was recorded under Section 313 of the Cr.P.C. The first and third questions and the answers thereto read herein as under: -

(3.) NO evidence was led in defence.