NAGAR SWASTHYA ADHIKARI AGRA Vs. AJAB SINGH

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order of Manrakhan Lal, Sub-Divisional Magistrate, Kiraoli, District Agra acquitting the respondents of the charge u/S. 7/ 16, Prevention of Food Adulteration Act (hereinafter referred to as Act).

(2.) The allegations against the respondents were that a sample of milk was taken from him on 22-2-1972. 18 drops of 40% formalin were added to each part of sample of the milk. The sample was sent to Public Analyst. It was found to be adulterated to the effect that it contains less non-fatty solids. The public analyst had reported that no change had taken place in the constituents of milk. The learned Magistrate had heard the witnesses of both the sides. The respondents had pleaded not guilty. The learned Magistrate had considered the sample unworthy unless it contained 0.1 ml. formalin per 2.5 ml sample. The learned Magistrate had relied upon a copy of judgment in Criminal Appeal No. 2688 of 1971, Nagar Swasthya Adhikari, Nagar Mahapalika, Agra v. Sri Krishan decided on 28-8-1974. On this basis the respondents were acquitted of the charge.

(3.) It is noteworthy that the respondents had been served but they did not appear despite service. 3A. It has been contended on behalf of the appellant that the provision of R.20 framed under the act are only directory and not mandatory. Even if there is less formalin, and food material retains its character, then this cannot be held to be a ground for acquitting the respondent of the charge u/S.7/16 of the Act. In support of his contention the learned counsel for the appellant, (Nagar Swathya Adhikari) has relied upon Gajraj v. State of U.P. (1984) 2 FAC 4 (All), B. M. Darji v. Biharilal Karulal, (1984) 2 FAC 53 (Guj) (FB) and State of Punjab v. Hari Chand (1985) 1 FAC 279.