DELHI ADMINISTRATION Vs. ARUN GUPTA & ORS

JUDGEMENT

(1.) Petitioner-State impugns order dated 07.12.2009 whereby the respondent has been discharged under Sec. 245 Cr. P.C. for the offence under Sec. 13(2) to (2D) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the act).

(2.) The case of the prosecution is that sample of Khoya Burfi was lifted on 18.11.1997 and it was tested on 20.11.1997 in the laboratory at Delhi and presence of fungus was found in the sample.

(3.) The authorities again got the subject sample tested from another laboratory at Lucknow, which gave its report dated 20.02.1998 opining the presence of carbonate in the Burfi.