NAGAR SWASTH ADHIKARI Vs. RAJJU

JUDGEMENT

(1.) This appeal has been preferred by Nagar Swasth Adhikari, Agra against the judgment and order of Additional Chief Judicial Magistrate, Agra, acquitting the respondent of the charges u/Ss.7/16 of the Prevention of Food Adulteration Act (hereinafter referred to as 'Act').

(2.) 450 grams of Dalchini is said to have been taken as a sample from the shop of the accused-respondent. The sample was divided into three equal parts. Each part was sealed and labelled in separate container. One part was given to respondent and second was sent to Public Analyst, Lucknow. The public analyst reported that Dalchini sample was adulterated. A complaint was filed against the respondent. At the trial the respondent had pleaded not guilty of the charges. The learned Addl. Chief Judicial Magistrate had acquitted the respondent on solitary technical ground that Rule 22 of Rules under the Act was not complied. According to the lower court the Dalchini was not a spice. It was a condiment and, therefore, fell under Item 37 of Rule 22. According to this item and under the Rule 22, 200 grams of the sample should have been supplied to the public analyst. It was held by the learned Magistrate that as 600 grams of sample was not taken the whole prosecution was bad. Consequently the learned Magistrate had acquitted the respondent.

(3.) Notice was sent to the respondent. It was served personally. He has not appeared to contest the case.