MUNICIPAL CORPORATION OF DELHI Vs. OM PARKASH

JUDGEMENT

(1.) The respondent herein, Om Parkash, has a Halwai I shop known as Om-Di-Hatti in Than Singh Nagar, Delhi. On 21st Oct., 1968 a number of persons purchased sweets from Om-Di Hatti. These persons I on taking the sweets developed food poisoning and they were admitted in Willingdon and Irwin Hospitals. On information received from the Station I House Officer, Patel Nagar, Dr. K.B, Arora visited the hospitals and collected I two packages of sweets from the patients who had developed food poisoning I and had been admitted in the hospitals. On 22nd Oct., 1968 the shop of I the respondent was raided by the Food Inspectors and they took four samples I of various sweets from the respondent. The samples taken from the respondent and the packages that had been seized from the patients, who had developed food poisoning, were sent for examination to the Public Health Laboratory, Municipal Corporation of Delhi. The samples of sweets lifted from the I shop of the respondent were found to be in order. The other two packages of I sweets were found to be adulterated with Coagulase positive staphylococci.

(2.) On receipt of the report from the Public Health Laboratory, a I complaint was filed against the respondent on 17th Aug., 1970 under section I 7 read with section 16 of the Prevention of Food Adulteration Act (herein-I after called the 'Act').

(3.) Shri B.L. Anand, Judicial Magistrate, who tried the case, discharged the respondent holding (a) that the samples which were found to be I defective on examination were not lifted from the respondent in accordance with the provisions of the Act, and (b) that there was no evidence to prove I that those two samples of sweets had, in fact, been purchased from the respondent.