Mukta Gupta, J. - (1.)Aggrieved by the judgment dated 11th May 2010 whereby the learned Additional Chief Metropolitan Magistrate acquitted the respondents for the offences punishable under Sections 7/16 of the Prevention of Food Adulteration Act, 1954 (in short PFA Act), State has preferred the present leave to appeal petition.
(2.)Brief facts of the case as stated in the complaint are that on 6 th August 2003 at about 4:45 A.M. R.K. Bhaskar purchased a sample of 'Pasturized Double Toned Milk' for analysis from respondent No.1 from M/s Delhi Milk Scheme, Shadi Pur, West Patel Nagar, New Delhi, where the said food article was stored for sale and respondent No.1 was found conducting the business of the said food article at the time of sampling. The sample consisting of 1500 ml of Pasteurized Double Toned Milk was taken out from three sealed polythene packets having identical label declaration. The label declaration had no indication of "Best Before" on the label packages of the milk in question. The sample was taken under the supervision/direction of one Mr. S.K. Nanda, LHA. The sample was collected after proper homogenization, that is, by cutting the polythene packets and pouring the contents in a clean and dry Patila and pouring and re-pouring the milk with the help of other clean and dry Patila. The Food Inspector divided the sample into equal parts by putting them in three separate clean and dry bottles. Thereafter, 40 drops of formalin were added in each sample bottle. Each bottle was separately packed, fastened, and sealed according to the PFA Act and Rules. Vendor's signatures were obtained on the LHA slip and the wrapper of the sample bottles. Notice was given to respondent No.1 and the price of the sample was also given to him vide vendor receipt dated 6th August 2003. Before beginning the sample proceedings, efforts were made to join the public witnesses but none of them came forward. One counter part of the sample was sent to the Public Analyst in intact condition and two counter parts were deposited with the LHA in intact condition. The Public Analyst analyzed the sample on 26th August 2003 and opined that the sample conforms to standard.
(3.)After the investigation was complete, the entire case file was sent to Director (PFA) Delhi Administration, Government of NCT of Delhi who accorded consent under Section 20 PFA Act for institution of the case.