STATE Vs. DAYAL DASS

JUDGEMENT

(1.) This appeal is directed against the judgment dated 24th August, 1984, of the Additional Sessions Judge, New Delhi, whereby the learned Judge has acquitted the respondent herein in Crl.A. 238/1983, which appeal was directed against the judgment and order dated 12.9.1983 and 14.9.1983 of the Metropolitan Magistrate, New Delhi, whereby the learned Magistrate has convicted the respondent herein under Section 7/16 of the Prevention of Food Adulteration Act, 1954 and has sentenced him to undergo SI for six months and to pay a fine of Rs. 1000/- and in default of payment of fine, to undergo further SI for 1-1/2 months.

(2.) The brief facts of the case, as has been noted by the learned Additional Sessions Judge, are as under : that a sample of Dhania powder was taken for analysis by FI P.C.Tewari form the appellant at his shop situated at 8 Nangloi, Delhi on 5.8.81 at about 2 p.m. The sample was analysed by the Public Analyst and later on the counterpart of the sample was sent for the analysis to the Director, Food Laboratory and same was found to be adulterated on account of total ash and ash insoluble being excessive form the permissible limits as laid down in the standard of Dhania powder at item NO. A.05.08.01.

(3.) With the assistance of learned counsel for the parties, I have gone through the material on record. It is contended by counsel for the respondent that the reports of the Public Analyst and the Director, Central Food Laboratory vary in their findings to such an extent that it is not possible to arrive at a conclusion that the sample drawn was as per the requirements of the rules under the Food Adulteration Act or that the results arrived at could be taken to be correct. Counsel for the State/appellant on the other hand contends that in both the tests the ash contents in dhania powder were found more than admissible and therefore, even if there be other discrepancies in the sample, the order of the Magistrate ought not to have been disturbed by the First Appellate Court.