NAGAR SWASTHYA ADHIKARI Vs. RAM AUTAR AND ANR

JUDGEMENT

(1.) This appeal is directed against the order dated 12-3-1975 passed by Sri S.B. Singh, Corporation Magistrate Kanpur acquitting the Respondent of the offences punishable Under Section 16 of the Prevention of Food Adulteration Act, 1954.

(2.) Ram Autar Respondent carried on a shop in premises No. 125/6 Block K Govind Nagar in the City of Kanpur. He also used to live in this shop.

(3.) According to the prosecution Sri V.S. Misra, Food Inspector (PW 1) took sample of mustard oil from the Respondent on 23-11-1972 at 9.50 A.M. from the above mentioned premises. The sample was divided into three parts - one part was sent to the Public Analyst. On 23-1-1973 Public Analyst gave report that the oil contained 30.02% lin-seed oil (Ex. Ka. 4). Thereafter the Respondent was prosecuted on two counts: