MUNICIPAL CORPORATION OF DELHI Vs. CHAMAN DASS

JUDGEMENT

(1.) This appeal is against an order of acquittal passed by Shri C.R. Negi, Magistrate First Class Delhi, on March 31. 1967, in a case under section 7 read with section 16 of the Prevention of Food Adulteration Act, 1954.

(2.) Shri Chaman Das of Shop No. 21 Main Market, Moti Nagar, New Delhi, was tried on the allegations that on March 24, 1964 Shri Jamna Pershad Food Inspector, purchased from him Boondi sweets, which were adulterated due to the presence of unpermitted colouring matter.

(3.) It may be stated that complaint in the case was made by the Municipal Corporation of Delhi, through the Assistant Municipal Prosecutor. Report of the Public Analyst, showing adulteration due to presence of unpermitted colour, was attached to the complaint. Daring the trial the sample which was retained by the Food Inspector was sent on tlie application of the seller to the Director of Central Food Laboratory. The certificate issued by the Director of the Central Food Laboratory was to the effect that the sample of Boondi sweets was adulterated due to presence of non-permissible yellow coaltar dye. The learned Magistrate, however, acquitted the accused on the ground that the appointment of Shri Jamna Pershad, Food Inspector, was "illegal abinitio" as he had financial interest in the manufacture and sale of sweets.