M.R. Sharma, J. - (1.) This appeal is directed against the judgment dated April 23, 1975, rendered by the learned Chief Judicial Magistrate, Gurgaon vide which he acquitted the respondent.
(2.) The respondent is stated to have sold chillies powder to Shri Bahadur Chand, Food Inspector (P.W. 1) on Jan. 12, 1974 at 11.45 a.m. in the presence of Dr. S.B. Madan Dy. C.M.O. Health fp.ty .2). This sample when sent to the public Analyst, was found to contain ash to the extent of 9.18 per cent and 3.74 per cent acid in soluble ash. It also contained 3.46 per cent earthy matter. The learned Chief Judicial Magistrate gave benefit of doubt to the respondent on two counts; Firstly, because according to him there was no satisfactory evidence that the same sample was delivered in intact position in the office of the Public Analyst and secondly, because the sample was sent in packet insted of sending it in a container as envisaged in rule 14 and 16 of the prevention of Food Adulteration Act.
(3.) So far as the first ground is concerned we are of the view that if report Exibit P.D. of the Public Analyst is read along with the affidavit Exhibit P F. of Shri Gian Parkash Kalra, Superintendent C.M.O, Office, Gurgaon, it becomes abundantly clear that there was no dispute about the identity of the packet and the same had been delivered to the office of the Public Analyst in intact position.;