MUNICIPAL BOARD Vs. MOHAN LAL

JUDGEMENT

(1.) THIS appeal, by special leave, is directed against an order of acquittal passed by the learned Addl. Sessions Judge of Kanpur. It arises under the following Circumstances.

(2.) ON 6 12 -1956, at about 3 in the morning Saraswati Prasad Nigam (PW 1) a Food Inspector of the Kanpur Municipal Board, found Mohan Lal, the Respondent, exposing cow milk for sale in premises No. 59/2, Birhana Road, Kanpur. He purchased three paos of milk from the Respondent and after sampling it in equal quantities in three clean phials and labeling and sealing those phials on the spot in the presence of the Respondent and two witnesses, gave one of those phials to the Respondent, along with a nonce (Ex, P2). One of those sample phials was sent to the Public Analyst, UP for analysis and on receipt of his report (Ex P4) stating that the sample was found to be adulterated the Respondent was charged for the offence punishable Under Section 7/16 of the Prevention of Food Adulteration Act, (herein after referred to as the Act).

(3.) THE trial court on a consideration of the entire evidence found the prosecution case proved beyond reasonable doubt and on that finding convicted and sentenced the Respondent to six months RI and a fine of Rs. 60/ - in default to two months further RI. On appeal the learned Additional Sessions Judge reversed that judgment, allowed the appeal and acquitted the Respondent. The Municipal Board, through its Medical Officer of Health, has come up in appeal, by special leave to this Court.