STATE OF U.P. Vs. SHYAM MANOHAR

JUDGEMENT

(1.) This is an appeal by State against the order of the Learned Chief Judicial Magistrate, Barabanki, who had acquitted the accused-respondent of the charge punishable under Sections 7/16 of the Prevention of Food Adulteration Act.

(2.) The prosecution story is that on 11th of Nov. 1976 at about 8.00 a.m. near the big temple of Safdarganj, the accused-respondent was found selling milk. The Food Inspector took the sample of seven hundred and half millilitre of milk and paid a sum of Rs. 1.50 paise as price of the sample. Relevant papers were prepared in that connection. The receipt was given to the accused-respondent. The sample was divided into three parts and after mixing formalin these phials in which these samples were kept were properly sealed. One sample was sent to the Public Analyst for report The report of the Public Analyst was that the sample was deficient in non-fatty solids by 10 per cent. Thereafter sanction of the Chief Medical Office was obtained and then the accused-respondent on the basis of a complaint filed, was asked to stand his trial, on cognizance being taken by the Magistrate, under Sec. 7/16 of the Prevention of Food Adulteration Act.

(3.) The defence of the accused was complete denial.