RAJINDER CHOPRA Vs. STATE

JUDGEMENT

(1.) This petition calls for an examination of the scope of proviso to Sub-section (2)(c), Sub-section (3) and proviso to Sub-section (5) of Section 13 of the Prevention of Food Adulteration Act.

(2.) I need not detail the facts elaborately for the reason that undisputably a sample of ice candy was taken by the Food Inspector for analysis from the petitioner on 28th May 1982 and the report received from the public Analyst was that the sample was adulterated in as much as it contained sucrose 7.88% against the minimum prescribed limit of 10%. This standard came to be laid down with effect from 11-2-82 vide G.S.R. 57 (E). There is no dispute about the sampling having been done as prescribed by the statute.

(3.) On receipt of the result of analysis that the food article was found adulterated the local (Health) authority instituted prosecution u/s 7/16 P.F.A. Act against the petitioner and a copy of the result of the analysis was forwarded to him, informing the petitioner that if he so desires he may make an application to the court within the statutory period of 10 days from the date of receipt of the copy of the report to get the sample of the article of food kept by local (Health) authority analysed by the Central Food Laboratory. This right was exercised by the petitioner and after the learned Magistrate performed the statutory formalities one of the sample called from the (Health) Authority was sent to the GFL Pune for analysis. The report of the analysis received was that the saple was not adulterated. After reiving the report the learned Magistrate Shri S.M. Chopra, heard the parties and found that the report of the Director Food Laboratory was incomplete in as much as he had failed to examine the sample for the presence of sugar content This conclusion, it is believed, was drawn by him on the basis of the report of the analysis of the Director wherein he seems to have tested it for two things, mainly for presence of colour and dulcin. The Seamed Magistrate felt, that in all probability, it has escaped the notice of the Director, C.F.L. that by virtue of amendment which came into effect from 11-2-82 vide G.S.R. 57(E) the minimum standard for the presence of sugar in the ice candy was fixed at 10%.