FOOD INSPECTOR Vs. VIJAY KUMAR

JUDGEMENT

(1.) The present is a petition for grant of leave to appeal against the impugned order dated 22.07.2010 passed by the Additional Chief Metropolitan Magistrate-II, New Delhi, in CC No. 54/02 whereby the respondent has been acquitted of the charges levelled against him.

(2.) The facts herein briefly are, the Food Inspector Mr. Satish Kumar Gupta purchased a sample of Masoor Dal from the respondent on 15.03.2002 at about 04.00 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 signature was 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 that the sample was adulterated as it was coloured with synthetic colouring matter viz. Sunset Yellow FCF. The respondent was charged under Section 2(ia)(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 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.