STATE Vs. KASTURI LAL

JUDGEMENT

(1.) The present criminal revision petition is directed against the order of discharge passed on March 18, 1983 by Shri V.K. Shall, Metropolitan Magistrate, New Delhi. It was the respondent who was discharged in respect of the alleged commission of offences punishable under section 7 read with Section 16 of the Prevention of Food Adulteration Act (hereinafter referred to as the Act).

(2.) Raj Pal Singh, a food inspector, in the department of Prevention of Food. Adulteration, Delhi Administration, visited on 27th April 1983 the premises of M/s. Imperial Dairy, H-32, Rajouri Garden, New Delhi. Kasturi Lal respondent was present at the said dairy and conducting the business. After disclosing his identity, R.P. Singh took sample of cow's milk. That milk was sent to the Public Analyst for analysis. A report of the Public Analyst was received that the milk was adulterated on account of deficiency for the non-fatty solids. At the request of Kasturi Lal respondent sample of milk was sent to the Director, Central Food Laboratory, Pune. The report was that the total milk solids were 13.1. out of which milk fat was 6% and the balance of 7.1% was milk solids not fat. The milk was opined to be adulterated on account of deficiency in the milk solids not fat.

(3.) The prosecution of the respondent started on a complaint having been filed by Delhi Administration through Shri R..C. Chopra (Public Witness 3). Consent in accordance with Section 20 of the Act, as per the case of the prosecution, was given by Shri M.C. Verma, Secretary (Medical), Delhi Administration who was the person duly authorised to give such consent.