FOOD INSPECTOR Vs. BABLU SINGH

JUDGEMENT

(1.) THE present is a petition for grant of leave to appeal against the impugned order dated 25.02.2010 passed by the Additional Chief Metropolitan Magistrate -II, New Delhi, in CC No.47/2001 whereby the respondent has been acquitted of the charges levelled against him.

(2.) THE facts herein briefly are that Food Inspector O.P.S. Ahlawat purchased a sample of Paneer from the respondent on 16.06.05 at about 4:00 p.m. The said sample was taken under the supervision and direction of Sh. R.K. Sharma, SDM/LHA. Thereafter, the Food Inspector divided the sample into three equal parts by putting them in three separate clean and dry bottles. 20 drops of formalin were added in each of the sample bottle and they were separately packed, fastened and sealed according to the PFA Act and Rules. The respondent's signatures were also obtained on the LHA slip and the wrapper of the sample bottles. One counterpart of the sample was sent to the Public Analyst in intact condition and two counter parts were deposited with the LHA. Upon analysis it was found by the PA that the sample did not conform to standard because milk fat of dried matter was less than the prescribed minimum limit of 50%. The respondent was charged under Section 2(ia)(a)(m) of PFA Act punishable under Section 16(1)(a) read with Section 7 of the PFA Act and Rules to which he pleaded not guilty.

(3.) THE solitary question that was raised before the Trial Court was whether the sample taken was representative or not. It was pointed out on behalf of the respondent that there was vast variation between the report of PA and the Director, CFL which establishes that the sample was not representative