NEW DELHI MUNICIPAL COMMITTEE Vs. RAGHU NATH,

JUDGEMENT

(1.) BY his judgement dated March 2, 1972, Shri R.D. Aggarwal, Judicial Magistrate 1st Class, acquitted Raghunath, son of Fateh Singh, in a case under Section 16 read with Section 7 of the Prevention of Food Adulteration Act, 1954. Against the order of acquittal this appeal was filed on behalf of the New Delhi Municipal Committee, after obtaining special leave under provisions of Section 417(3) of the Code of Criminal Procedure, 1898.

(2.) ON January 23, 1971, Food Inspectors H.R. Dewan and R.C. Kapoor had, at 7.15 a.m., gone to Malcha Marg Shopping Centre, Chanakyapuri, New Delhi. They saw that Raghunath had milk for sale which was contained in four cans loaded on a cycle and that near shop No. 2/48 he was selling milk to a customer. Food Inspector Dewan disclosed his identity to Raghunath and informed him that he wanted to buy a quantity of milk for purposes of analysis. Further on his enquiry Dewan was said to have been told by Raghunath that he was selling cow milk and the Food Inspector also noticed the words cow milk engraved of the milk cans.

(3.) ACCORDING to Food Inspector Dewan before taking the sample of milk from Raghunath he tried to secure the presence of independent witnesses. For that purpose he requested the customer to whom Raghunath had been selling milk and some passers -by but none of them agreed to act as a witness at the time of taking of the sample. Not being able to call one or more independent persons he requested his companion. Food Inspector Kapoor, to be a witness. To this, Kapoor agreed. Then at about 7.30 a. m. Dewan purchased 660 milligrams of milk from Raghunath and paid to him 85 paise as its price.