DELHI ADMINISTRATION vs HARI CHAND

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on : 21.11.2024 % Pronounced on : 14.01.2025 + CRL.A. 557/2009 DELHI ADMINISTRATION .....Appellant Through: Mr. Laksh Khanna, APP for State Versus HARI CHAND ..... Respondent Through: Mr.S.S. Dahiya, Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present appeal has been filed against the final order and judgement dated 01.07.2008 passed by learned ASJ, Patiala House Courts, New Delhi in Criminal Appeal No. 08/2003 under Sections 7/16 of the Prevention of Food Adulteration Act, 1954. Vide the impugned judgement, the appeal against the judgement of conviction dated 07.02.2003 and the order of sentence dated 17.02.2003 passed by the MM, Delhi in case No. 82/96 of 14.10.1996, was allowed and the respondent (herein) was acquitted of the offences punishable under Sections 7/16 of the Prevention of Food Adulteration Act, 1954. 2. The facts, as noted by the Sessions Court, are as under:- Signature Not Verified Digitally Signed CRL.A. 557/2009 Page 1 of 9 By:GAUTAM ASWAL Signing Date:15.01.2025 12:03:47 “The prosecution case, in brief, is that on 5.7.96 at about 3.00 pm, the Food Inspector Sh. Satish Kumar, purchased a sample of cow's milk from the appellant for analysis at M/s Bharat Dairy, J-501,Jahangir Pun, Delhi where the said food article was found stored for sale for human consumption and appellant was found conducting the business of the dairy. Sample of cow's milk was taken from an open drum having declaration as cow's milk and sample was taken after proper mixing with the help of clean and dry plunger. So purchased sample was divided into three equal parts and each part was packed, fastened, marked and sealed as provided in PFA Act. The one counter part of the sample was sent to Public Analyst fo