STATE OF DELHI Vs. ANIL BATRA

JUDGEMENT

(1.) THIS appeal has been filed by the State against the judgment dated 24. 07. 1995 passed by the learned Metropolitan Magistrate, New Delhi in Case No. 437/1989 whereby the respondents were acquitted of the charge under Section 7 read with Section 16 of the Prevention of Food Adulteration Act (for short "the Act" ).

(2.) THE relevant facts leading to the prosecution of the respondents herein as have been noticed by the learned trial Court in para no. 1 of the impugned judgment are as under:-

(3.) AFTER institution of the complaint accused exercised the right before the Trial Court, as provided u/s 13 (2) of the Act and then the second counter part of the sample of paneer was sent to the Director, CFL, Mysore, for analysis who vide his certificate No. 459/pfa/89 dated 1. 12. 89 opined that the sample bottles had leaked out, thereby rendering the sample unfit for carrying out the test/analysis. Thereafter the third counter part of the sample of paneer was sent to the Director, CFL, for analysis who vide his certificate bearing No. 459-A/pfa/89 dated 9. 2. 1990 opined that sample did not conform to the prescribed standard.