State vs Gian Chand
2008 Latest Caselaw 1102 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

+                      Crl. Appeal No. 255/1994


%                               DATE OF DECISION : 22ND JULY, 2008


STATE                                        ..... Appellant
                            Through:         Mr. Manoj Ohri, Advocate

                       Versus
GIAN CHAND                                   ..... Respondent
                            Through:         None.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

1. Whether Reporters of local papers may be allowed
   to see the judgment?
2. To be referred to the Reporter or not?
3. Whether the judgment should be reported in the digest?

                            JUDGMENT

MANMOHAN, J: (ORAL)

1. 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.

2. 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.

3. 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."

4. 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.

5. Consequently, present appeal being devoid of merits is

dismissed.

MANMOHAN, J nd JULY 22 , 2008 rn