MEDICAL OFFICER OF HEALTH Vs. SATISH CHANDRA

JUDGEMENT

(1.) This is an appeal by the Medical Officer of Health, Municipal Board, Chandausi against the judgment dated 20-2-1976 of the III Additional Munsif-Magistrate, I Class, Moradabad acquitting the accused of an offence punishable under Sec. 16 read with Sec. 7 of the Prevention of Food Adulteration Act.

(2.) The facts found to have been proved from the evidence on the record by the learned Magistrate and not in controversy is that on 12-7-1974 at about 10.45 A.M. O.P. Agarwal (P.W.1) as Food Inspector took for analysis sample of Ajwain according to law, divided them in three sealed containers and had one sent to the Public Analyst for analysis. The Public Analyst reported that it was adulterated as it contained more than three per cent of organic matter.

(3.) The accused-respondent pleaded not guilty and alleged that the Food Inspector did not take sample of Ajwain, but took sample of Ajwain Khurasani, which is given to the animals and is not for human consumption. The learned Magistrate pointed out that the Food Inspector admitted that Ajwain and Ajwain Khurasani are different things, but insisted that he took sample of Ajwain. The lower court has rightly disbelieved this because in Ext. Ka-1 on which signature of the accused was taken at the time of the taking of the sample the accused mentioned in clear words that he had sold Ajwain Khurasani. Obviously, there is no standard laid down for Ajwain Khurasani, which does not appear to be for human consumption. It cannot be said that the reasoning of the learned Magistrate is illogical or not based on the evidence on record.