STATE Vs. ANIL KUMAR SODHI

JUDGEMENT

(1.) THE present appeal was filed by Delhi (Administration) under section 378 (4) of C. r. P. C against the judgement dated 6. 03. 1997 passed in appeal by Ld. ASJ acquitting the respondent of the charges under section 7 and 16 of the prevention of Food Adulteration Act, 1954 (hereinafter referred to as the PFA act) by reversing the judgment of the Metropolitan Magistrate New Delhi dated 13. 3. 96 whereby the respondent was convicted for having sold 600 Grams of Atta which as per the report of Public Analyst was found to have contained some living and dead insects though it met the standards fixed by the rules for ATTA. Leave to file appeal was granted on 07. 10. 1998. Arguments were heard on 10. 02. 2009 and the appeal was dismissed. Now I supply the reasons.

(2.) BRIEFLY stating the facts giving rise to filing of this appeal are; that on 20. 02. 1987 a team of food inspectors visited M/s. Sodhi Flour Mill, at c-35, Okhla Industrial Area New Delhi and purchased 600 gms of Atta on payment of Rs. 1. 50p as price for sample analysis as per the provisions of the PFA Act and Rules. The sample was taken out of hundered Kilo bag. After following the procedure of mixing, sealing and fastening in accordance with the Act, one part of the sample was sent to P. A, Delhi for analysis. The P. A analysed the sample and vide her report dated 26. 2. 1987 opined that the sample of the Atta was adulterated because she found 3 living and 3 dead insects in approx. 200 gms of sample which was sent for analysis. On that basis a complaint was filed against the respondent alleging violation of the provisions of section 2 (ia) (a) (f) (i) of the PFA Act punishable under section 7 read with section 16 of the PFA Act.

(3.) THE aforesaid provision reads as under: