FOOD INSPECTOR Vs. PRAFUL KUMAR

JUDGEMENT

(1.) THE present is a petition for grant of leave to appeal against the impugned order dated 06.02.2010 passed by the Additional Chief Metropolitan Magistrate -II, New Delhi, in CC No. 162/1993 whereby the respondent has been acquitted of the charges levelled against him.

(2.) TO briefly encapsulate, it is stated that Food Inspector Anil Kumar Dhir purchased a sample of Mix Masala Cheese (Processed) from the respondent on 18.03.1993 at about 4 p.m. The sample consisted of three originally sealed packets containing 200gms each. After taking the sample the Food Inspector divided the sample into three equal parts by putting one packet as one counterpart and each part 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 paper slip and the wrapper of the sample. 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 the PA found that the sample did not conform to standard because moisture exceeded the prescribed maximum limit of 47% and milk fat of dry matter is less than the minimum limit of 40%. Further there is violation of Rule 32(b) of PFA Act and Rules. 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 Trial Court relied upon the decision of this court in State v. Anil Batra and Others: : 2008(1) FAC 191 (DEL), wherein it was held as follows: -