MITHILESH Vs. STATE

JUDGEMENT

(1.) On 11.2.1993, Food Inspector S.K. Sharma under the supervision of Dr. Pawan Vats had lifted a sample of chilly powder from an open container from the shop of Mithilesh being run in the name and style of M/s Mithilesh General Store, 96A, MIG Flats, opposite GTB Hospital, GTB Enclave, Shahdara, Delhi. The sample was of 450 grams; it had been lifted after proper homogenization and put into three dry and clean glass bottles in equal parts; thereafter packed, fastened and sealed.

(2.) The public analyst vide report dated 7.4.1993 had opined the sample as adulterated because it contained salt as an adulterant. The report reads as under: <FRM>JUDGEMENT_648_CRIMES1_2010Html1.htm</FRM>

(3.) The petitioner exercised his right under Section 13(2) of the Prevention of Food Adulteration Act (hereinafter referred to as PFA Act). The second sample was examined by the Director of the Central Forensic Laboratory (CFL) and the said report is dated 30.6.1993. The sample examined was opined to be adulterated on two counts: (a) Total ash content exceeds the maximum specified limit of 8.0% by weight. (b) It is not free from the presence of sodium chloride. The contents of the report reads as under: <FRM>JUDGEMENT_648_CRIMES1_2010Html2.htm</FRM>