MUNICIPAL COMMITTEE Vs. SHADI LAL

JUDGEMENT

(1.) ON a corn-plaint bv the Food Inspector under Section 16 (I1) fa) (i) of the Prevention of Food Adulteration Act Shadi Lall son of Hans Rai respondent was tried bv the Judicial Magistrate First Class. Amritsar. and' was acquitted by order dated ,30th July 1971. Being aggrieved, the Municipal Committee, Amritsar, has filed this appeal bv special leave.

(2.) PAL Dass, Municipal Food Inspector, had eone to the shop of the ac-cusedi on 29th August 1970 at 10. 45 a. m. and had purchased turmeric oowder for. Rs. 1. 50. The powder was divided into three parts and was put into three clean and dry bottles. One of the bottles was left with the accused after it was proner-lv stoppered and sealed. Out of the other two bottles, one was sent to the Public Analyst and on receipt of the report thaj the turmeric was adulterated, a complaint was filed against the accused.

(3.) DURING the trial the Food Inspector made an application to the Court and obtained' an order for sending the second bottle to the Director. Central Food Laboratory. This bottle was dulv sent after its seals were found intact and a report of the Director was obtained. This report is materially different from the report of the Public Analyst and shows that the turmeric was adulterated on; account of the presence of non-permitted coaltar dves.