A conviction for the sale of adulterated food under the Prevention of Food Adulteration Act is unsustainable if no specific quality standard for the relevant food article is prescribed under the Act or its Rules.

Rakesh Kainthla, Judge

i The present appeal is directed against the judgment dated 1.5.2014, passed by learned Additional Sessions Judge-II, Shimla, H.P. (learned Appellate Court) vide which the judgment of conviction dated 22.6.2012 and order of sentence dated 23.6.2012, passed by learned Chief Judicial Magistrate, Shimla, H.P. (learned Trial Court) were set aside.

(The parties shall hereinafter be referred to in the same manner as they were arrayed before the learned trial Court for convenience.)

2. Briefly stated, the facts giving rise to the present appeal are that the complainant, Food Inspector, MC Shimla, filed a complaint before the learned Trial Court against the accused for the commission of an offence punishable under Section 16(1A) read with Section 7 of the Prevention of Food Adulteration Act (PFA Act). It was asserted that Virendra Chauhan (CW5) was appointed as a Food Inspector for the local areas of MC Shimla. uShe inspected the premises known as M/s Lovely Sweet Sohop, Rivoli Road, Lakkar Bazar, Shimla on 7.11.2007, Cat about 3.00 PM. Respondent/accused Madhu Kapoor was conducting the business of the shop as its proprietor. She had kept about 40 kilograms of laddu sweet in her shop for sale to the general public. The Food Inspector revealed her identity Hand issued a notice (Ex.CW5/A) expressing her desire to purchase a sample of laddu for analysis. She purchased 3 boxes, (each containing 500 grams of laddu), on cash payment of ₹150/- for analysis. The accused issued a receipt (Ex.CW5/B). Ms. Virendra Chauhan (CW5) labelled and wrapped the boxes in thick paper. The paper slip bearing Serial No. and Code No.S-II/2775 (Ex.CW5/C), issued and signed by the Local Health Authority (LHA), MC Shimla, was afÏxed with gum from top to bottom of each pack. She obtained the signatures of the accused in such a manner that they appeared on the paper slip and the wrapper. She fastened each box with strong thread and sealed it with sealing wax. She put at least four seal impressions on each pack and covered the knots with the seal. Narinder Thakur and Charan Dass (CW4) witnessed the seizure and sealing process. Ms. Virendra Chauhan (CW5) prepared a spot memo (Ex.CW5/D) and obtained the sigunatures of the accused and the witnesses. She sent one parot of the sample with Form-VII (Ex.CW5/E) and one copy oCf the seal impression in a sealed envelope to the Public Analyst, Kandaghat, through Charan Dass for analysis. She informed LHA, MC Shimla, about the sending of the sample vide letter (Ex.CW5/F), and deposited the remaining two packets and HForm-VII with LHA, MC Shimla. Charan Dass (CW4) deposited the sample with the Public Analyst, Kandaghat and obtained a receipt (Ex.CW4/A). Public Analyst Kandaghat analysed the sample and found that the contents of the sample were contaminated with dirt and dust, and the sample of laddu was adulterated. Food Inspector Ms. Virendra Chauhan (CW5) submitted a letter (Ex.CW5/J) for obtaining the prosecution sanction. The Chief Medical OfÏcer (CMO) went through the documents and issued a written consent (Ex.CW1/A). The consent and the documents were forwarded to Ashok Mangla (CW1), who filed a complaint before the Court and intimated LHA, MC Shimla, about the filing of the complaint. A notice (Ex.CW2/E) was sent to the accused along with a copy of the report of analysis under Section 13(2) of the PFA Act.

3. Learned Trial Court found sufÏcient reasons to summon the accused. When the accused appeared, a notice of accusation wa