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1974 Supreme(Del) 233

JAGJIT SINGH, V.D.MISRA
MUNICIPAL CORPORATION OF DELHI – Appellant
Versus
CHAND – Respondent


V. D. Misra

( 1 ) THIS is an appeal against the order of Shri B. L. Anand. judicial Magistrate, acquitting the respondent of the offence under section 7/16, Prevention of Food Adulteration Act, of selling adulterated Haldi powder.

( 2 ) THE respondent is the proprietor of Ashok Masala Company. On December 29, 1970, Shri S. L. Mehra, Food Inspector, purchased 450 grams of Haldi powder packed in sealed plastic packets for analysis from the respondent. It was divided into three parts and put in three dry and clean bottles which were duly sealed. One of the sealed bottles was handed over to the respondent and one was sent to the Public Analyst. On analysis the Haldi- was found to be adulterated due to the presence of sodium chloride and artificial coal-tar dye. During the trial the sample was sent to the Director of Food Laboratory, Calcutta, at the request of the respondent. The result of analysis was :. . . . . . . . . Lead : 1. 8 p p. m. (on dry base ). Salt (sodium chloride) : 2. 9%. The learned magistrate found that under Rule 57 of the Prevention of Food Adulteration Rules, lead to the extent of 2. 5 part per million weight was permissible in Haldi. He also came to the conclusion









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