MUNICIPAL CORPORATION OF DELHI Vs. RAM CHAND ETC.

JUDGEMENT

(1.) This appeal with special leave has been filed against the judgment dated 28th Aug., 1971, passed by Shri Onkar Singh, Judicial Magistrate 1st Class, Delhi, whereby he acquitted the respondents of a charge under section 7 of the Prevention of Food Adulteration Act (herein to be called 'the Act'). Brief facts relevant to the disposal of this appeal are as under:-

(2.) M.M. Kathpalia, Food Inspector, P.W. 1, on 5th Feb., 1971, took a sample of "food colour Orange Red in original packing-A blend of Carmosine, Sunset Yellow and Nacl.", on payment of Rs. 3.15 for three tins vide receipt Exhibit P.A. bearing the signatures of Ram Chand respondent No. 1 as also his writing A to A on it. Notice Exhibit P.B., to have the sample analysed was served on the respondents besides preparing inventory Exhibit P.C. The colour purchased was sealed in three different packets in accordance with the rules. One sample packet was given to the respondents, another sample was sent to the Public Analyst for analysis and the third packet was retained by the Food Inspector. On analysis, the Public Analyst vide his report Exhibit P.E. found the sample "adulterated due to 70.2 deficiency in pure dye content percent by weight." Accordingly, a complaint was filed against respondents 1 and 2 as partners of respondent No. 3 as also against respondent No. 3, alleging that they had committed an offence under section 7 punishable under section 16 of the Act.

(3.) The statement of M.M. Kathapalia, P.W. 1, is supported by Rattan Kumar and Ram Lal P.Ws.