STATE Vs. V K MUTTOO

JUDGEMENT

(1.) This appeal has been filed by the State against the judgment dated 11.3.1996 passed by the learned Metropolitan Magistrate, New Delhi in complaint case No.60/93 whereby the respondents herein were acquitted of the charge under Sections 7/16 of the Prevention of Food Adulteration Act.

(2.) The relevant facts leading to the prosecution of the respondents herein as noticed by the learned trial court in the impugned judgment are as under:-

(3.) After institution of the complaint the accused were served with intimation letter along with copy of report of the Public Analyst and thereupon, accused No.1 exercised his right before the Trial Court (respondent no. 1 herein), as provided u/s 13(2) of PFA Act and the second counter part of the sample was sent to the Director, CFL, Mysore, for analysis who vide his certificate No.117/PFA/93 dated 13.4.93 opined that the sample does not conform to the standard as milk fat contents fell below the minimum specified limit of 50.0% on dry matter basis.