FOOD INSPECTOR Vs. RAM GOPAL

JUDGEMENT

(1.) THE present is a petition for grant of leave to appeal against the impugned order dated 29.03.2012 passed by the Additional Chief Metropolitan Magistrate -II, Patiala House Courts, New Delhi, in CC No. 118/2002 under Sections 7/16 of the Prevention of Food Adulteration Act, 1954, whereby the respondent has been acquitted of the charges levelled against him.

(2.) TO briefly encapsulate the facts, a sample of Boondi Laddo was duly lifted from the respondent/vendor Sh. Ram Gopal on 30.03.2002 by the Food Inspector Sh. M.K. Gupta. Upon analysis by Public Analyst (PA) a report dated 09.04.2002 found the said sample to be adulterated because total dye content of the synthetic colour used exceeded the prescribed maximum limit of 100 ppm. Upon request of the respondent the second counterpart was sent to CFL which was also found adulterated. By way of the impugned order, the trial court has acquitted the respondent on the ground that there is variation between the PA report and the CFL report as in the PA report the synthetic colour was found 209.75 ppm and in the CFL report it was found to be 322.2 ppm, which is not a reasonable variation. It appeared to the trial court that the variation in the two reports was either due to the defective sampling procedure or a result of delayed analysis in respect of the second counterpart.

(3.) THE argument made on behalf of the State that the CFL report is conclusive and there was no need for trial court to have considered the PA report holds no water as there is a substantial variation in the PA report and the CFL report.