NAGAR SWASTHYA ADHIKARI NAGAR MAHAPALIKA Vs. RAM KAILASH

JUDGEMENT

(1.) This appeal is directed against the order and judgment of acquittal dated 14-11-1977 passed by Sri K. P. Mathur, Special Judicial Magistrate, Allahabad.

(2.) Food Inspectors Sukh Mangal Prasad found Ram Kailash, respondent No, 1, selling buffalo milk near Jamuna Bridge, Allahabad on 27-11-1973 at about 11-30 A. M. and took a sample of that milk on payment of price after complying with all the rules. A sample phial of the milk was sent to the Public Analyst for analysis and report He reported that the milk was adulterated being deficient in non-fatty solids content by about 23 per cent. Respon- dent No. T was prosecuted for an ollence, Under Section 7 read with Section 16 of the Prevention of Food: ' Adulteration Act i' (briefly the Act).1 He denied the prosecution allegations and contended that he had: not received a copy of the report of the Public Analyst. He did not produce any defence.

(3.) The learned' Magistrate came to ' the conclusion that there was no compliance with' the mandatory provisions of Section 20' of the Act and Rule 9(j) of the rules framed under the, Act,. He held ' that the accused could not be convicted on account of the non-observance 'Of the aforesaid mandatory provisions and he acquitied the accused.