FOOD INSPECTOR Vs. MUKESH KUMAR SAMPAT

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, the Food Inspector Bal Mukand purchased a sample of Mustard Oil (Dhara) from the respondent on 24.08.1998 at about 4:15 p.m. Thereafter, the Food Inspector divided the sample into three equal parts, each bottle containing the sample was 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 sample shows presence of argemone oil. 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 sole contention 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.