MUNICIPAL CORPORATION OF DELHI Vs. SHANKAR LAL

JUDGEMENT

(1.) This is an appeal against the order dated 7/12/1965 passed by Magistrate 1st Class, Delhi,acquitting the respondent who had been tried under sections7/16 of the Prevention of Food Adulteration Act, 1954, hereinafter referred to as the Act.

(2.) According to the complainant, a sample of ghee had beentaken from the stock of ghee which the respondent was selling as"Pure Desi Ghee." The said sample on examination by thePublic Analyst proved to be adulterated due to 0 -44 excess ofmoisture per cent. The accused-respondent when examinedunder section 342, Criminal Procedure Code, stated that althoughthe sample was taken from him, his ghee was pure.

(3.) At the request of the accused the duly sealed bottle of a secondsample given to him was sent to the Director, Central Food Laboratory, Calcutta, who reported that it was adulterated but themoisture was only 0 -14 per cent which was upto the standard. Itwas, however, declared to be adulterated due to added colouringmatter, faintly positive. The learned Magistrate found that thefacts based on the report of the Director, Central Food Laboratory, on which the prosecution wanted to obtain conviction,had not been alleged in the complaint which is the foundationof the prosecution. He felt bound by the observations of thePunjab High Court in Criminal Appeal No. M. 251/65 decidedon 1/04/1965 by a Bench consisting of Falshaw C.J. andS. K. Kapur J., in the case Municipal Corporation, Delhi v.Niranjan Kumar and others (now reported as (1965) P.L.R.941. He, therefore, acquitted the accused.