M.C.D. Vs. NAND LAL

JUDGEMENT

(1.) -This is an appeal against the judgment dated Oct. 19, 1971 of Shri B.L. Anand, Judicial Magistrate 1st Class, Delhi, whereby Nand Lal was acquitted of the charge under Sec. 7 read with Sec. 16 of the Prevention of Food Adulteration Act, 1954 hereinafter referred to as 'the Act'.

(2.) Briefly, the facts are that Food Inspector Dina Nath (PW 1) visited shop Nos. 1807-8, Chandrawal Road, Subzi Mandi, Delhi, on May 24, 1968 around 7.30 p.m. and purchased bari elachi weighing 450 grams from Nand Lal who was found running the shop. Nand Lal was issued receipt Ex. PA on acceptance of Rs. 3.60 on account of price. The Food Inspector served notice, copy whereof is Ex. PB, intimating his intention to have the sample analysed. Thereafter, he divided bari elachi into three equal parts and each part was put into two cleaned and dried bottles for making three equal counter-parts sample. One part comprising of two such bottles was handed over to the respondent. Inventory Ex. PC was prepared and was got signed by the respondent and attested by Prakash Chopra (PW3) and Khairati Lal (PW4). Another sample was handed over to the Public Analyst along with memo Ex, PD. The Public Analyst vide his report Ex. PE declared the sample to be adulterated on account of insect infestation to the extent of 21.56 per cent. Food Inspector Dina Nath prepared report Ex. PF on the basis of which Assistant Municipal Prosecutor R.N. Gujral (PW2) Sled complaint Ex. PG under authority conferred on him by a resolution of the Municipal Corporation of Delhi, copy whereof is Ex, PH.

(3.) Out of the three witnesses who spoke about the lifting of the sample, Khairati Lal did not give full support to the prosecution story and was, therefore, got declared hostile. According to this witness, the respondent represented that elachi lying in the tin from which sample was lifted was to be sold as "samagri" and was not fit for human consumption and that edible bari elachi was lying in a bag.