FOOD INSPECTOR Vs. RUPESH JAIN & ORS.

JUDGEMENT

(1.) Challenge in this Criminal Leave to Appeal no. 458/2015 is to order dated 09.02.2010 passed by the Court of Additional Chief Metropolitan Magistrate (in short Ld. ACMM), New Delhi in Complaint Case no.29/10 whereby the Ld. ACMM decided not to take cognizance of the report submitted by the Public Analyst on 29.04.2008 with respect to the sample lifted by Food Inspector of Premium Chewing Tobacco on 05.04.2008.

(2.) The facts leading to the filing of the present Criminal Leave to Appeal are that the Food Inspector Suniti Kumar Gupta took a sample consisting of 18 x 50 grams of Premium Chewing Tobacco from the accused on 05.04.2008 and sent the same for analysis to the Public Analyst.

(3.) The Public Analyst submitted his report on 29.04.2008 which stated that the sample was covered under the The Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act , 2003 (in short CPT Act) and it was found not containing any extraneous matter as adulterant.