STATE OF MADHYA PRADESH Vs. RAMESHWAR CHANDRA

JUDGEMENT

(1.) By this appeal, the appellant/State has challenged the legality, validity and propriety of the judgment dated 08.07.1999 passed by the Judicial Magistrate First Class, Sarangarh, in Criminal Case No.127/98 whereby and whereunder the after holding the respondent/accused guilty for commission of Offence punishable under Section 7 (1) read with Section 16 (1) (a) of the Prevention of Food Adulteration Act, 1954, the Court below, instead of sentencing the respondent, acquitted him by giving him benefit of Section 3 of the Probation of Offenders Act.

(2.) As per case of the prosecution, on 30.07.1997 at about 8.00 am at village Sarangarh, the respondent/accused was selling cow milk, keeping 25 liters of milk in his possession. Food Inspector R.C. Yadav inspected the spot and has taken sample from the accused, according to the provisions of Food Adulteration Act. After compliance of the provision of Food Adulteration Act, he sent the sample for its examination to the laboratory and on receipt of report, it was found that cow milk was adulterated, which led to filing of complaint case against the respondent/accused.

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