STATEDELHI ADMINISTRATION Vs. VIJAY KUMAR

JUDGEMENT

(1.) CRL. L. P. 158/2005 and Crl. P. 159/2005 leave to appeal is allowed, for the reasons stated in the applications. Crl. A. Nos. 639/2007 and 640/2007 (to be numbered ). Admit. These appeals have been preferred against the order of the learned MM dated 28. 7. 2005 whereby she acquitted the accused persons in the two cases concerning adulteration of Catechu (edible Katha ).

(2.) BRIEF facts relevant for the purpose of deciding these appeals are that appellant's officers visited premises No. B-21, Samaipur badli, Railway Station Road, Delhi on 19. 1. 1989. They found that Catechu was being manufactured and stored in the factory for sale. It is alleged that sample of catechu (edible) lying ready for packing was collected after mixing it properly. The sample was divided in three equal parts and put in three dry bottles. Price for sample was offered but was not accepted. Sample was sent to Public Analyst and the report of Public Analyst showed that the sample did not confirm to any of the standard given for Catechu, except the moisture content. Prosecution was initiated against the accused persons on the ground that the ample was adulterated.

(3.) TWO complaints were filed against he accused persons/respondents in respect of the Catechu (edible) sample and allegation of prosecution was that the same team visited the same premises twice, one at 11. 30 a. m. and the second time at 12. 30 p. m. on the same day and two samples were collected. The report of Public Analyst in respect of both the samples was same. The learned MM acquitted the accused persons in both the complaints by a common order.