State vs Gian Chand

Manmohan, J.—The present appeal has been filed by the State against the acquittal order dated 18th April, 1994 passed by Shri M.L. Mehta, Metropolitan Magistrate, New Delhi.

The facts of this case are that the Food Inspector purchased a sample of haldi powder from the shop of Respondent/Accused situated at R.K. Puram, New Delhi. After taking a sample, the Food Inspector got the same analyzed from a Public Analyst who reported that the said sample did not conform to the standards as it contained abundance of foreign starches.

The trial court by a well reasoned order acquitted Respondent/Accused on the ground that the report of the Public Analyst was vague and it did not conclusively prove that the seized sample was adulterated. The conclusion of the trial court is reproduced hereinbelow for ready reference:

In view of what has been laid down in the aforesaid cases, it can be held that on the basis of the report of the P.A., no case of admixture of foreign starch or the sample being otherwise adulterated on account of foreign starch, was made out. The report of P.A. as such suffers from vagueness and possibility could not be ruled out that the foreign starch were present in traces which were negligible; and could not make the sample as adulterated, unless it was shown that these starches were unfit for human consumption or injurious to health, which infact was not the case of the prosecution. Hence, the accused is entitled to be acquitted of the offence for which he was sent to face the prosecution. As such the accused is acquitted.

This Court is also of the view that the Public Analyst''s report lacks particulars, as even according to the Appellant it neither mentioned the percentage of foreign starches nor did it conclusively state that the seized sample of haldi power was unfit for human consumption or injurious to public health.

Consequently, present appeal being devoid of merits is dismissed.