STATE Vs. MALIK RAM

JUDGEMENT

(1.) This is an appeal by the State arising out of a prosecution under the Prevention of Food Adulteration Act (hereinafter referred to as the Act). Malik Ram respondent deals in Ghee. One day one Food Inspector took a sample of Ghee from the respondent's shop. The sample was sent to the Public Analyst for examination. It was reported that the Ghee was adulterated. Malik Ram was, therefore, prosecuted under section 7 read with section 16 of the Act for exposing adulterated Ghee for sale. The accused pleaded not guilty. He denied that the Ghee in question was adulterated. The learned Magistrate held that the Ghee was adulterated. Malik Ram accused was convicted under section 7/16 of the Act, and was fined Rs. 100/.

(2.) Malik Ram appealed. The appeal came up before the Additional Sessions Judge, Kumaun. He held that it was not proved that, the Ghee was adulterated. He, therefore, allowed the appeal, and acquitted Malik Ram. Hence this appeal by the State.

(3.) There is not much disPute about facts. Malik Ram respondent is a dealer in Ghee. A sample of Ghee was taken by a Food Inspector from the shop. The question is whether the Ghee in question was adulterated or not.