NAGAR MAHAPALIKA VARANASI Vs. HIRA LAL

JUDGEMENT

(1.) Nagar Mahapalika Varanasi through the Administrator has filed this appeal against the acquittal of Hira Lal under Sec. 7/16 of the Prevention of Food Adulteration Act (hereinafter referred to as the Act) by the Magistrate 1st Class, Varanasi by his judgment dated 19-8-1975 passed in Criminal Case No. 498.

(2.) The case of the prosecution is that on 12-6-1973 at about 11 A.M. Mohammad Yasin Khan Food Inspector Nagar Mahapalika Varanasi (P.W. 1) purchased 450 grams of Khari Haldi from the shop of Hira Lal respondent. No. A29/12 situate in Mohalla Baluabir in the city of Varanasi. The Haldi us divided in three equal parts and sealed in three bundles. One of the bundles was sent to the Public Analyst for analysis and his report shows that it was coloured with lead chromate which is prohibited dye. The Haldi was thus adulterated.

(3.) The prosecution examined two witnesses to connect the respondent with the crime, namely, Mohammad Yasin Khan Food Inspector (P.W.l) and Jagai Beldar (P.W. 2).