NAGAR SWASTHYA ADHIKARI MUNICIPAL BOARD Vs. GOPI CHAND

JUDGEMENT

(1.) THIS is an application under Section 417 (3) of the Code of Criminal Procedure for leave to appeal to this Court against the judgment dated 1-12-1971 of a Magistrate 1st Class at Agra acquitting the opposite-party of an offence punishable under Section 16 read with Section 7 of the Prevention of Food Adulteration Act.

(2.) HEARD learned Counsel for the applicant and perused the impugned judgment.

(3.) THE facts of the case are that accused Gopi Chand was selling cow's milk on 29th April. 1971 at 7. 00 P. M. Kunwar Singh, Food Inspector, gave him a notice under Rule 12 and obtained from him a receipt (EX, Ka. 1) He then purchased 660 millilitres of milk for 75 paise and obtained the receipt (Ex. Ka. 2 ).