MUNICIPAL CORPORATION OF DELHI Vs. MODEM FLOUR MILLS
LAWS(DLH)-1983-9-20
HIGH COURT OF DELHI
Decided on September 13,1983

MUNICIPAL CORPORATION OF DELHI Appellant
VERSUS
MODERN FLOUR MILLS AND GENERAL INDUSTRIES Respondents


Referred Judgements :-

KAILASH CHAND V. M.C.D. [REFERRED TO]



Cited Judgements :-

S S GOKUL KRISHNAN VS. STATE [LAWS(DLH)-2009-2-74] [REFERRED TO]


JUDGEMENT

R.N.Aggarwal, J. - (1.)On 30th June 1973 two samples of Besan were taken from the premises of M/s. Modern Flour Mills and General Industries by Sarvshri O. P. Gupta and Balwant Singh, Food Inspectors, The samples on an examination by the Public Analyst were found to be adulterated. The sample taken by Shri O. P. Gupta, Pood Inspector, was found to be adulterated with 20% of Kesri Dal and the sample taken by Balwant Singh, Food Inspector, was found to be adulterated with 10% of Kesri Dal.
(2.)On the receipt of the reports of the Public Analyst a complaint under Section? read with Section 16 of the Prevention of Food Adulteration Act was filed against M/s. Modern Flour and General Industries and its partners, namely, Sarvshri Dhanpat Rai Gupta, Vinod Kumar Gupta, Surinder Kumar Gupta and Ashok Kumar. It was also discovered that M/s. Modern Floor Mills and General Industries did not possess a licence for the manufacture and sale of Besan and a complaint was also filed for manufacturing and seeing Besan without licence.
(3.)During the trial at the instance of the accused the second part of the samples was sent for examination to the Director, Central Food Laboratory. The Director on an examination gave the report that there was no foreign organic matter in the sample taken by Shri Om Parkash Gupta, Food Inspector, and accordingly gave the opinion that the said sample was not adulterated. As regards the second sample the finding as regards the presence of Kesri Dal was trace positive (negligible). The Director on the basis of the above finding gave the opinion that the sample of Besan should not be considered as adulterated.
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