MUNICIPAL CORPORATION Vs. AJIT SINGH

JUDGEMENT

(1.) Messers Bengal Sweets Centre G-19 South Extension Part I, New Delhi, and the salesman of that company, Ajit Pershad Jain, were tried by Miss S. Saini, Judicial Magistrate 1st Class, for an offence under section 7 read with section 16 of the Prevention of Food Adulteration Act, 1954. On June 6, 1970, however, both the accused were acquitted. Against the order of acquittal the present appeal was filed by the Municipal Corporation of Delhi, after obtaining special leave under the provisions of section 417(3) of the Code of Criminal Procedure, 1898.

(2.) The case relates to a sample of Channa or tenner, which was taken on Nov. 6, 1969, at about 12.30 p.m., by Shri O.P. Khurana, a Food Inspector of the Delhi Municipal Corporation, from Messrs Bengal Sweets Centre. At that time Ajit Pershad Jain was admittedly the saleman at the shop. He, however, did not accept the price tendered by the Food Inspector. On the form regarding receipt of price (Exhibit PA) he made an endorsement that sample of Paneer prepared from skimmed milk had been given and "therefore the price has not been accepted". On the report regarding the taking of the sample (Exhibit PC) he made the following endorsement:-

(3.) On one of the parts of the sample being sent to the Public Analyst for analysis, it was reported to be adulterated due to 29.7 per cent deficiency in milk fat of dry matter.