SURENDER KUMAR Vs. STATE AND ANOTHER

JUDGEMENT

(1.) This petition is directed against the order of Shri J.D. Kapur, Metropolitan Magistrate, Delhi dated June 25, 1976.

(2.) In this case the Food Inspector had taken into possession Bura from the shop of the petitioner which was divided into three parts and put in three bottles which were duly sealed as required by the Prevention of Food Adulteration Act, 1954. One sample bottle was sent to the Public Analyst who reported that the article was adulterated. A complaint was thereafter filed in the Court of the Metropolitan Magistrate. During the course of proceedings, the petitioner applied to the Court for sending the sample bottle retained by the Food Inspector to the Director, Central Food Laboratory, Calcutta for analysis as he was not satisfied with the examination conducted by the Public Analyst. The Director of Central Food Laboratory sent a certificate to the effect that the sample was not adulterated. After receiving the said certificate, the learned Magistrate wanted to hold further enquiry as according to him there was much difference in the two reports. The impugned order dated June 25, 1976 was accordingly passed.

(3.) The learned counsel for the petitioner has submitted that the certificate of the Director is final and conclusive as hid down in sub-section (5) of section 13 of the Prevention of Food Adulteration Act. A similar point arose in Salim & Company and others Vs. Municipal Corporation of Delhi, Criminal Misc. (Main) 100 of 1976 decided on 2-2-1977 reported in F.A.C. 1977 (I) 143 wherein this court considered all the reported cases and came to the conclusion that the report of the Director of Central Food Laboratory is final and conclusive and it would tie an abuse of the process of the court to discard the certificate and embark on an enquiry and thereby endeavour to give credence to the superseded report of the Public Analyst.