ORDER

G.S. Sistani, J.—Criminal M.A.18119/2013: Exemption allowed subject to all just exceptions.

2. Application stands disposed of.

Criminal L.P. 696/2013

3. Present leave to appeal petition has been filed under Section 378 Cr.P.C. against the order of acquittal dated 28.8.2012 passed by learned ACMM, Delhi.

4. The facts of this case, as noticed by the learned ACM M in the judgment, are as under:

“1. The present complaint has been filed on 11.12.2002 by the Delhi Administration through FI Sh. S. P. Singh against the above named accused persons. It is averred in the complaint that on 19.10.2001 at about 1.30 a.m., FI Sh. S.B. Sharma lifted a sample of Full Cream Milk, a food article for analysis from a vehicle / Tanker No. UP-13 D-1285, which was parked at Ghazipur Police Check Post, Delhi carrying milk and where Sh. Santosh Sharma, S/o Sh. Rajender Parshad Sharma was found as Salesman of Milk in question at the time of sampling. The sample consisted of approx. 2 x 550 ml sealed polypacks of Full Cream Milk (ready for sale), having identical label declaration, taken from the above said tanker. The sample was taken under the supervision and direction of Sh. K.D. Dogra, SDM/LHA. The