NAGAR SWASTHA ADHIKARI Vs. GAYA PRASAD

JUDGEMENT

(1.) This appeal arises out of the judgment and order dated 4th Dec., 69 passed by a Magistrate 1st Class Agra acquitting the respondent of the offence under Sec. 16(1)(a)(i) read with Sec. 7 of the Prevention of Food Adulteration Act.

(2.) The facts leading to this appeal can briefly be stated as under :

(3.) The respondent in his statement in the trial court admitted that the Food Inspector collected the sample out of the milk in his possession. He however pleaded that the milk was not intended for sale and that the Food Inspector forcibly collected the sample. It was also pleaded that he did not accept the price of the milk.