FOOD INSPECTOR Vs. DAYA RAM AND ORS.

JUDGEMENT

(1.) The present is a petition for grant of leave to appeal against the impugned order dated 23.04.2010 passed by Shri Sanjeev Kumar Malhotra, Additional Chief Metropolitan Magistrate-II, New Delhi, in CC No.102/98 whereby the respondents have been acquitted of the charges levelled against them.

(2.) The facts herein briefly are, the Food Inspector B.P. Saroha purchased a sample of Mustard Oil from the respondents on 20.08.1998 at about 12.30 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 respondents "? 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 standards as laid down because sample shows the presence of argemone oil.

(3.) The respondents were charged under Section 2(ia)(a)(b)(c)(f)(h)(i) of PFA Act punishable under Section 16(1)(1A) read with Section 7 of the PFA Act and Rules to which they pleaded not guilty.