NEW DELHI MUNICIPAL COMMITTEE Vs. RAJ KUMAR SHARMA

JUDGEMENT

(1.) In the Chanakya Cinema building, New Delhi, there is a snack bar. On January 27, 1971 Food Inspector R. C. Kapoor of the New Delhi Municipal Committee took a sample of milk which was being used in the snack bar for preparing tea and coffee to be sold to customers. The milk was represented to be buffalo milk and on a part of the sample being analysed by the Public Analyst was found to be deficient to the extent of 2.4% in milk fat and 0.27% in milk solids not fat. The result of the analysis showed that the milk fat was only 3.6% and the percentage of milk solids not fat as 8.73.

(2.) The sample of milk was purchased by Food Inspector Kapoor from Raj Kumar Sharma who, at the time of the sale, was said to be incharge of the snack-bar. On Raj Kumar Sharma being prosecuted for an offence u/s 16 read with section 7 of the Prevention of Food Adulteration Act 1954 he was acquitted by Shri R. D. Aggarwal, Judicial Magistrate First Class, Delhi. The learned Magistrate took the view that Raj Kumar Sharma was only one of the many waiters working in the snack-bar and was not the Manager. It was further held that the various papers which were signed by Raj Kumar Sharma at the time of the taking of the sample were not signed under coercion. The other findings given were that the Food Inspector did not try to call indepen- dent witnesses to be present at the time of the taking of the sample and that it was doubtful whether the milk sold was represented to be buffalow-milk.

(3.) Against the order of acquittal, with special leave obtained under section 417(3) of the Code of Criminal Procedure, 1898, the present appeal was filed on behalf of the New Delhi Municipal Committee.