STATE OF DELHI Vs. DWARKA DASS

JUDGEMENT

(1.) This appeal has been preferred against the order of learned Metropolitan Magistrate dated 4.8.1989 whereby he acquitted the respondent of the offence under Sections 7/16 of the PFA Act.

(2.) Briefly, the facts of the case are that a sample of kali mirchi (black pepper) was taken from the respondent's shop and was sent for analysis. The sample did not conform to the standard as mentioned in the PFA since the sample was found to contain mineral oil. The Trial Court analysed the evidence and observed as under:-

(3.) The appeal has been filed on the ground that tria Court did not consider the fact that Public Analyst had categorically opined that the article was injurious to health whereas the Director CFSL had not examined the article in question whether it was of food grade or non food grade.