NAGAR SWASTHYA ADHIKARI Vs. RADHEY SHYAM

JUDGEMENT

(1.) This appeal has been filed by the Nagar Swasthya Adhikari, Allahabad assailing the judgment and order dated 26th Oct., 1977, passed by the Special Judicial Magistrate, Allahabad whereby he acquitted the opposite parties of the offence under Sec. 7 read with Sec. 16 of the Prevention of Food Adulteration Act.

(2.) The facts of the case, very briefly stated, are as follows

(3.) Both the respondents during their examination in the trial Court pleaded not guilty. Respondent No. 2 admitted that the sample was collected out of his possession, pleaded that it was not adulterated. Radhey Shyam, respondent No. 1 admitted that he was the manufacturer of the Dalmot. He however, added that it was cooked in groundnut oil and was not adulterated.