STATE Vs. DEEPAK BANSAL

JUDGEMENT

(1.) This appeal is directed against the impugned judgment dated 25.10.2004 wherein the respondent Deepak Bansal has been acquitted of the offence under Section 16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the 'PFA Act').

(2.) Record shows that on 23.10.1997, a sample of 'Chenna' was purchased by the Food Inspector (F-1) from the shop of the respondent which was in the name Madhuban Sweets, 3 MJ Sweet Centre, Shop No.10 Madhuban Road, Shakarpur. The cost of the sample was offered to the respondent but the respondent refused to take the money stating that the 'Chenna' was not for sale; it was being used for preparation of sweets. The Food Inspector after having taken the sample divided it into three parts putting them into three clean and dry bottles; 20 drops of formalin were added in each of the bottles.

(3.) In the course of investigation, the sample was sent to the Public Analyst who gave its report on 13.11.1999. The said report reads herein as under:-