STATE DELHI ADMINISTRATION Vs. RAMESH CHAND

JUDGEMENT

(1.) This is an appeal by the Delhi Administration against the judgment of Shri K. B. Andley, Additional Sessions Judge, allowing the appeal of the accused Ramesh Chand and acquitting him of the charge under section 7 read with section 16 of the Prevention of Food Adulteration Act. (hereinafter called 'the Act').

(2.) The relevant facts are these. On 6th November 1982 at about 3.45 p.m. Shri R. K. Ahuja, Food Inspector, purchased a sample of Kaju for analysis under the Prevention of Food Adulteration Act and Rules from the premises of Super Store, J-21/ 15B, B. K. Dutt Market, Rajouri Garden, New Delhi. The Food Inspector divided the sample in three equal parts and bottled it in three separate bottles. One part of the sample was sent to the Public Analyst for analysis and report. The Public Analyst in his report dated 7th December 1982 found the sample to contain 11 per cent of insect damaged Kaju against the maximum prescribed standard of 5.0 per cent. He further found that 28 per cent of the contents have been damaged by mould growth. The contents were further found to contain 36 living and dead insects.

(3.) On the receipt of the above report the Municipal Prosecutor filed a complaint under section? read with section 16 of the Act against the accused Ramesh Chand, Proprietor of the Shop.