NAGAR SWASTHYA ADHIKARI, AGRA Vs. SHOBHA RAM

JUDGEMENT

(1.) This appeal has been filed by the Nagar Swasthya Adhikari, Agra against the judgment and order passed by the learned Mahapalika Magistrate 1st Class, Agra acquitting the respondent of an offence under Sec. 7/16 of the Prevention of Food Adulteration Act.

(2.) The prosecution case, in brief, was that the Food Inspector, Nagar Mahapalik, Agra, Sri Vishwa Nath Singh (PW 1), on 28-3-1972 at 9-30 a.m. saw the respondent taking some milk for sale in a can, that upon his enquiry the respondent told him that the can contains goats milk, that the Food Inspector took a sample of the milk and divided the same into three portions and after adding the necessary preservative sealed the three portions in separate foils, that he sent one of the foils to the Public Analyst, who reported that the sample was adulterated King deficient in non-fatty solid content by about 33%.

(3.) Thereafter a complaint under Sec. 7/16 of the Prevention of Food Adulteration Act was filed against the respondent on 8-12-1972. Upon this complaint the Magistrate ordered the case to be registered and summons to be issued to the respondent on 27-12-1972. This summon was, however, not served. The respondent was ultimately served on 4-5-1973, that is one year, one month and seven days after taking of the sample.