STATE Vs. RAGHBIR SINGH

JUDGEMENT

(1.) This is an appeal by the Delhi Administration against the judgment of Shri G.P. Mittal, Metropolitan Magistrate dated 11th August 1986 whereby he acquited the respondent Raghbir Singh of the charge of selling adulterated Dhania powder. The respondent Raghbir Singh has a provision store at Mehrauli, New Delhi, and is carrying on business under the Mine and style of M/s. Gupta Kiryana Store. The charge against the respondent was that on 11th July 1984 at about 5 p.m. he had sold a sample of Dhania powder to Food Inspector P.K. Vatsa which on analysis by the public analyst was found to be adulterated because of excessive husky and extraneous weedy matters of plant origin.

(2.) The accused in his statement at the trial admitted the taking of the sample of Dhania powder by the Food Inspector. His defence was that the bottles in which the samples were taken were not cleaned at the spot.

(3.) The report of the public analyst is important and we would reproduce it in extenso and it reads as follows : "Moisture =7.8% Total ash =6.25% Ash insoluble in dil. HCI = 1.07% Microscope = Structure of Pith of stems and fibres of straw and weed seen frequently. Proportion of separable husky matters == 14.56% Proportion of separable weedy matters (straw & stalks) of ==1.15% plant origin Grit =Negligible Colour =Nil and am of the opinion that the sample of Dhania Powder is adulterated contains excessive husky and extraneous weedy matters of plant origin."