MUNICIPAL CORPORATION OF DELHI Vs. CHABIL DASS

JUDGEMENT

(1.) This appeal with special leave, has been, filed against the judgment, dated Sept. 27, 1966, passed by Shri C.R. Negi, Magistrate 1st Class, Delhi, whereby he acquitted the respondent of a charge under section 7 of the Prevention of Food Adulteration Act, 1954 (herein called 'the Act').

(2.) The respondent was acquitted on the ground that the Food Inspector while taking the sample failed to associate any independent witness from the public with him and thus he violated the mandatory provisions of section 10(7) of the Act.

(3.) Shri Suraj Narain Sharma, Food Inspector, on Dec. 4, 1966, took a sample of curd, prepared from cow's milk, from the respondent which he was selling at his shop No. 180, Ganda Nala, Kashmere Gate, Delhi, which on analysis by the Public Analyst was found to be adulterated due to 0.68 deficiency in fat per cent which is equivalent to 19.4 percentage deficiency in fat vide his report Exhibit P.E.