MUNICIPAL COMMITTEE, AMRITSAR Vs. PARMA NAND

JUDGEMENT

(1.) PARMA Nand accused -respondent was charged for the offence of keeping in his possession 400 pieces of adulterated ice candy for sale under section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954, (hereinafter called the Act) in the Court of the Judicial Magistrate First Class, Amritsar, and after trial acquitted by its judgment dated August 19, 1975. The Municipal Committee, Amritsar, (hereinafter called the Committee), on whose behalf the complaint had been filed by the Food Inspector, has challenged the said decision in the present appeal.

(2.) DR . Joginder Singh (P.W. 1) Food Inspector of the Committee raided the factory of the respondent styled as 'Tip Top Milk Ices' situate at Amritsar on April 5, 1973, at about 9 30 A.M. He was accompanied by Shri V.K. Kholi, Sanitary Inspector and Rattan Jamadar two witnesses from the locality, namely, Kanshi Ram and Fauja Singh were also joined. A sample of 900 gms. candy was purchased by the Food Inspector from the accused on payment of Rs. 2/ - as price. After mixing the same in a Pateela (pan) with spoon the same was made into three equal parts and after complying with the formalities, as prescribed under the Act and the Rules in the presence of the witnesses, were put into three bottles and sealed. One sample was sent to the Public Analyst According to his report Exhibit P.F. the same was opined to be adulterated under rule 47 of the Act as it contained saccharine. Consequently prosecution was launched against the accused. At the trial, the Food Inspector Dr. Joginder Singh and one of the recovery witnesses Kanshi Ram appeared as witnesses. The report of the Public Analyst Exhibit P.F. and the various memos relating to the recovery of the ice candy etc were also produced in evidence. One sample was also sent to the Director, Central Food Laboratory, Calcutta Its report dated May 26, 1975, also confirmed the report of the Food Inspector regarding adulteration.

(3.) THE Judicial Magistrate First Class, Amritsar, after trial of the case acquitted the accused after arriving at the following conclusions: - -