STATE Vs. D P BHATIA

JUDGEMENT

(1.) THIS petition by the state under Section 482 Crpc seeks to challenge the impugned order dated 9th March, 1995 passed by the learned Metropolitan magistrate ('mm'), Delhi holding that no offence was made out against the respondents under Section 2 (1a) (a) (m) read with Section 7 and punishable under Section 16 (1) of the prevention of Food Adulteration Act, 1954 (PFA Act' ). The State also challenges an order dated 19th April, 2003 passed by the learned Additional Sessions Judge ('asj'), new Delhi dismissing its Criminal Revision no. 50 of 2000 against the aforementioned order dated 9th March, 1995 passed by the learned MM.

(2.) THE controversy in the present matter concerns a sample of "breakfast sugar" collected from Hotel Oberoi Maidens, a unit of the East India Hotels Ltd. When one part of the sample was sent to Public Analyst, the report was that it was adulterated. It was stated that the sample did not conform to the standards of sugar since the sucrose content in it was less than the prescribed minimum limit of 98%. The learned MM discharged the accused after observing that breakfast sugar was distinct in quality, identity and price from the ordinary sugar and that since there was no prescribed standard under the PFA for breakfast sugar there was no offence committed.

(3.) IN the order dated 19th April 2003, the learned ASJ noted that when the second part of the sample was sent to the Director, central Food Laboratory ('cfl'), Mysore at the instance of the respondent, the report of the CFL stated that there are no existing standards for breakfast sugar under the pfa. This fact is not disputed by the State.