BAL KISHAN Vs. STATE

JUDGEMENT

(1.) ON 7. 9. 1992 at about 2 PM and again at 3 PM from the masala stall on the patri adjacent to the shop No. 17, Shastri Market, Narela, Delhi two samples of chilli powder were taken, one from an open container and the other from an open polythene bag having no label declaration. This masala stall was being run by the petitioner Bal Kishan.

(2.) THE first sample taken was the subject matter of complaint case No. 36/1992 dated 28. 5. 1992; the Investigating Officer being sh. V. P. S. Chaudhary. The second sample was the subject matter of complaint No. 46/1992 dated 10. 6. 1992; the Investigating Officer being smt. Suniti Kumar Gupta.

(3.) THE samples were sent to the Public Analyst for testing. In complaint case No. 36/1992 vide report dated 24. 2. 1992, the sample was found adulterated as it contained abundance of foreign starch and coloured with an unpermitted oil soluble coaltar dye; further A. I. H. exceeded the prescribed maximum limit of 1. 3%. Vide report of the same date i. e. report dated 24. 2. 1992 in complaint case No. 46/1992, the sample was found adulterated as the sample contained abundance of foreign starch and coloured with an unpermitted oil soluble coaltar dye.