P C TRIVEDI Vs. GAJARABEN CHANDULAL

JUDGEMENT

(1.) The Appellant - Food Inspector of the Ahmedabad Municipal Corporation has challenged in this Appeal the impugned Judgment and order of acquittal dated 9.6.1989 passed by the learned Metropolitan Magistrate, Court No.8, Ahmedabad, acquitting the respondent - accused Gajraben Chandulal for the offence u/s.7 of the Food Adulteration Act in Summary Case No.779 of 1986.

(2.) It is the case of the appellant that on 17.12.1985 he had gone to the shop of accused Gajraben, the respondent No.1, and took sample of Cow Milk which was sent to the Public Analyst. The Report of the Public Analyst shows that it contained 3.9 per cent milk fat and 7.3 per cent Milk Solid Not Fat. The requirement is 8.5 per cent solids not fat. Thus, there was a deficit of 1.2 per cent. Therefore, complaint was filed. Another sample was sent to the Central Food Laboratory. The Report of the Laboratory shows that it was having 2.5 per cent fat and 8.8 per cent solid not fat. Thus, fat was 1 per cent less.

(3.) The learned Metropolitan Magistrate, after appreciating the oral as well as documentary evidence led by the complainant and the defence of the accused, acquitted the respondent - lady accused by his impugned Judgment and order of acquittal dated 9.6.1989.