BALJIT SINGH FOOD INSPECTOR Vs. STATE

JUDGEMENT

(1.) The present petition is under section 482 Cr. P.C. for expunging certain strictures passed against the present petitioner Baljit Singh, Food Inspector by Sri V.K. Shuli, Metropolitan Magistrate, Delhi.

(2.) A complaint was filed by Delhi Administration against Nanak Chand Gupta, proprietor of M/s. Aggarwal Provisions Store, 13/2, Shopping Centre, 'B' Block, Vivek Vihar, Delhi under section 7 read with section 16 of the Prevention of Food Adulteration Act. That was on account of the fact that a sample lifted on 18th Aug., 1982 at about 2.50 p.m. was found to be adulterated on analysis by the Public Analyst. The sample described the article as 'wheat flour'. The Public Analyst described the article as 'Atta'. The Director of Central Food Laboratory to whom the sample was sent under section 13(2) of Prevention of Food Adulteration Act described the same as 'wheat flour.'

(3.) The learned magistrate expressed the view that actually the article of which sample was taken was 'atta' but had been wrongly described as 'wheat flour' on account of which the accused suffered serious prejudice. He, therefore, acquitted the accused. In his judgment the learned magistrate made the following remarks against the Food Inspector :