Full Judgment Text
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PETITIONER:
MUNICIPAL CORPORATION OF DELHI
Vs.
RESPONDENT:
NEW KWALlTY SWEET HOUSE & ORS.
DATE OF JUDGMENT05/12/1984
BENCH:
CHANDRACHUD, Y.V. ((CJ)
BENCH:
CHANDRACHUD, Y.V. ((CJ)
PATHAK, R.S.
CITATION:
1985 AIR 329 1985 SCR (2) 284
1985 SCC (1) 195 1984 SCALE (2)960
ACT:
Prevention of Food Adulteration Act section 7 read with
section 16, scope of Whether the conviction can be recorded
under section 7 read with section 16 of the POFA act, even
after, a quantity smaller than that required by the Rules to
be sent for analysis is sent for the purpose of analysis to
the Public analyst.
HEADNOTE:
Prevention of Food Adulteration Rules requires the Food
Inspector to send 250 gms of suji (semolina) for analysis.
On August 1, 1975 a Food Inspector purchased a sample of 200
gms of suji from the respondent-accused and sent the same to
the Public Analyst for analysis. Though the report indicated
that the sample was found to contain excessive moisture and
ash, the Metro politan Magistrate, Delhi acquitted the
accused by his judgment dated July 19, 1977 on the ground
that the Food Inspector did not send the required quantity
of the adulterated article for analysis. The High Court of
Delhi dismissed the revision application filed by the
Municipal Corporation.
Hence the appeal by special leave.
Dismissing the appeal, the Court,
^
HELD: The fact that a lesser quantity than that
prescribed by the Rules is sent for analysis cannot
constitute an impediment in the conviction of a person
accused of selling adulterated food, so long as the quantity
sent for analysis is sufficient to enable the Analyst to
make a satisfactory analysis according to accepted tests.
Therefore, a conviction could be recorded under section 7
read with section 16 of the Prevention of Food Adulteration
Act.
[285F-G]
State of Kerala V. Alaserry Mohammed [1978] 2 S.C.R. 820
followed.
285
JUDGMENT:
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal
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No. 114 of 1979
From the Judgment and order dated the 28th March
1978 of the Delhi High Court in Criminal Misc. No. 399/78.
Randhir Jain Appellant.
The order of the Court was delivered by
CHANDRACHUD, C.J. As long back as on August 1,1975
a Food Inspector purchased a sample of suji (Semolina) from
the respondent accused, which was found to contain excessive
moisture and ash. The learned Metropolitan Magistrate, Delhi
acquitted the accused by his judgment dated July 19, 1977 on
the ground that the Food Inspector did not send the required
quantity of the adulterated article to the Public Analyst
for analysis. The Rules required the i the Food Inspector to
send 250 gms. Of suji for analysis, whereas he sent only 200
gms. The High Court of Delhi dismissed the revision
application filed by the Municipal Corporation of Delhi
summarily.
The learned Metropolitan Magistrate is clearly
wrong in the view taken by him, from which it must follow
that the High Court was not justified in dismissing the
revision application summarily. The fact that a lesser
quantity than that prescribed by the Rules is sent for
analysis cannot constitute an impediment in the conviction
of a person accused of selling adulterated food, so long as
the quantity sent for analysis is sufficient to enable the
Analyst to make a satisfactory analysis according to
accepted tests. We do not, how ever, propose to interfere
with the order of acquittal since, this appeal was filed not
so much for the purpose of securing the conviction of the
accused but for the purpose of obtaining a decision from
this Court on the question whether a conviction could be
recorded under section 7 read with section 16 of the
Prevention of Food Adulteration Act even if, a quantity
smaller than that required by the Rules to be sent for
analysis is sent for the purpose of analysis to the Public
Analyst. That question was decided long
286
back in State of Kerala v. Alaserry Mohammed.(l) Therefore,
though the view taken by the courts below is unsupportable,
we do not propose to interfere with the ultimate order
passed by them.
The appeal is accordingly dismissed.
S. R. Appeal dismissed
[1978]2 S.C.R.820
287