LAWS(ALL)-2000-11-40

NAGAR SWASTHYA ADHIKARI Vs. RAGHURAJ SINGH

Decided On November 29, 2000
NAGAR SWASTHYA ADHIKARI Appellant
V/S
RAGHURAJ SINGH Respondents

JUDGEMENT

(1.) Respondent Raghuraj Singh was prosecuted for the offences punishable under Section 7(1)/16(1)(a)(I) of thePrevention of Food Adulteration Act, 1954, (hereinafter referred to as the Act). The learned Special Judicial Magistrate, Allahabad by his order dated 24-10-1977 acquitted the respondent. Feeling aggrieved by the acquittal this appeal against acquittal has been filed in this Court.

(2.) The appeal was taken up today in the revised list but none appeared on behalf of appellant Nagar Swasthya Adhikari Allahabad. This is an appeal of 1978 and hence it was not considered proper to adjourn the appeal. I have gone through the entire evidence on the record as well as the judgment of the trial Court with the help of learned State counsel who has argued the case at length.

(3.) The prosecution case against the respondent is that on 19-12-1974 Sri K. C. Mishra, Food Inspector collected a sample of buffalo milk from the respondent from near a place known as Lipton Company, Naini. The sample was divided into three parts and one part was sent to the public analyst who received the same on 27-12-1974. According to the report of the public analyst dated 7-12-1975, the milk contained 5% milk fat and 5.5.% of milk solids other than fat. The non-fatty solids being below the prescribed standard the applicant was prosecuted.