STATE OF PUNJAB Vs. RAJ KUMAR

JUDGEMENT

(1.) IN a case under Section 7/16 of the Prevention of Food Adulteration Act, 1954 (for short, the Act) Raj Kumar was acquitted on March 6, 1982, with special leave obtained under Section 378(3) of the Code of Criminal Procedure, 1973, this appeal was filed against the order of acquittal on behalf of the State. Saunf weighing 600 gms. purchased by Dr. Avtar Singh. Government Food Inspector, from Raj Kumar respondent for analysis. On a part of the sample being analysed, it was reported to be adulterated due to the presence of living and dead insects.

(2.) IT is not a case in which we should interfere with the order of acquittal. There is not a shred of evidence on the file that Saunf purchase by the Food Inspector was inspected damaged or otherwise unfit for human consumption. The mere presence of the insects in sample will not render the same adulterated. The standard of Saunf has been prescribed in Rule A -05.11, Appendix B of the Prevention of Food Adulteration Rules, 1955. Extraneous matter including dust, dirt, stone, lumps of earth, chaff, stem of straw shall not exceed 5.0 per cent by weight and the amount of insect damaged matter is permissible to the extent of 5.0 per cent by weight. The Food Inspector has deposed that he had not seen any insect living or dead in the Saunf at the time of taking the sample and as such the possibility cannot be ruled out that the insects might have developed in the sample after the same was lifted. There is no merit in this appeal which is hereby dismissed. Appeal dismissed.