Additional Chief Metropolitan Magistrate Raghubir Singh let off Subhash Chand, vendor-cum-proprietor of Delhi-based M/s Singhal Dal Udyog, describing the case against him as "peculiar one."
The ACMM found that the pulse sample, described as 'dal moth wash' (a particular variety of pulse) by the food inspector, who had seized it, had been termed as split pulse 'moong' (another variety) in forensic examination.
"The present case becomes a peculiar one in the sense that as per the complaint, the food article in question was in fact dal moth wash whereas, the report of the Director CFL (Central Forensic Laboratory) dated April 5, 2006 shows the sample to be that of dal moong.
"This ambiguity has not at all been undone by any of the prosecution witnesses," said ACMM Singh.
The court relied on test report observing that according to it, the seized sample was purported to be of 'dal moth wash' but the analyst, who conducted the test, found the sample to be of split pulse 'moong'.
"A bare perusal of the CFL certificate reveals that on the first page thereof, the sample (of pulse) in question has been shown purporting to be a sample of dal moth wash, whereas, just a few lines below on the same page it is reflected that R C Vaidhya (analyst) found the sample to be split pulse 'dal moong'," the court said. (More)