Delhi Administration Through ... vs Manohar Lal
2013 Latest Caselaw 472 Del

*         IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                   Reserved on: 24th January, 2013
                                                Pronounced on: 31st January, 2013
+         CRL.L.P.265 /2012

          DELHI ADMINISTRATION THROUGH
          DESIGNATED OFFICER                  ..... Petitioner
                                Through: Ms.Rajdipa Behura, APP

                                       Versus

          MANOHAR LAL                                 ..... Respondent
                                         Through:     Ms. Asha Tiwari, Advocate


          CORAM:
          HON'BLE MR. JUSTICE G.P.MITTAL

                                  JUDGMENT

G. P. MITTAL, J.

1. The Petitioner seeks leave to Appeal against a judgment dated 11.11.2011 whereby the learned Additional Sessions Judge("ASJ") acquitted the Respondent of the charge under Section 7 read with Section 16 of the Prevention of Food Adulteration Act(PFA Act) primarily on the ground that the learned Metropolitan Magistrate("MM") did not examine the aspect that „Tartrazine‟ was one of the permitted synthetic colours to be used specifically under Rule 29 of the Food Adulteration Rules, 1955 (PFA Rules) and that there was a delay of six days in signing the report by the Public Analyst which was fatal.

2. In Prem Ballab and Anr. v. State(Delhi Admn.), 1976 (II) FAC 53, the Supreme Court held that addition of any colouring matter where its use is

prohibited would amount to adulteration. In this view of the matter, the Leave Petition has to be granted. Therefore, leave is granted.

3. The Appeal filed along with this Petition is taken on record and the same is directed to be registered.

4. The Leave Petition stands disposed of.

(G.P. MITTAL) JUDGE JANUARY 31, 2013 pst