NAGAR SWASTHYA ADHIKARI Vs. BASDEO PRASAD

JUDGEMENT

(1.) This appeal is directed against the order dated 1-3-77 by Shri Yashpal Lukadiya learned Magistrate 1st Class Agra in case No. 1570 of 76 by which respondent was acquitted on 1-3-77 of the charge under Sec. 7/16 of Prevention of Food Adulteration Act.

(2.) This appeal arose under following circumstances:-

(3.) Prosecution examined Food Inspector Sri. R.N. Chaturvedi P.W. 1 and Mewa Singh P.W. 2 in support of sample, and they also proved Exhs. Ka 1 to 7 relied upon by prosecution. No evidence was adduced in defence. Learned Magistrate recorded the acquittal as the sample was less and not seized in accordance with Appendix 5 of rule A 20.01 read with rule 22 of the Prevention of Food Adulteration Rules. At least 500 gms. of sample should have been sent to Public Analyst while in this case Food Inspector simply sent 200 gras, of sample. It was held in Rajal Das Vs. State of Maharashtra 1975 (1) FAC 1 . that in view of the contravention of aforesaid rule the accused had to be acquitted.