STATE OF DELHI Vs. JEHMAT MAL

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment of metropolitan Magistrate dated 3rd July, 1987 whereby the learned Metropolitan magistrate acquitted the respondent under Section 7 (1) and Section 16 of PFA act.

(2.) A sample of about 300 gms of Safed Chana picked from the shop of the respondent was sent to Public Analyst who reported presence of 07 living and 15 dead insects. He also reported presence of 01 full and 08 pieces of Rodent excreta in the sample. On the basis of this report, a complaint was filed against the respondent under Food Adulteration Act.

(3.) THE learned Metropolitan Magistrate came to the conclusion that law permits presence of 10% of the insect damaged grains in the sample and the presence of insect damaged grains in the sample envisages presence of the insects thus merely presence of 07 live insects and 15 dead insects in a sample of 300 gms does not make the sample adulterated. Similarly, the view of the trial Court was that presence of 01 full Rodent excreta and 08 pieces of Rodent excreta would not make the sample adulterated. State is aggrieved and has preferred this appeal.