NAGAR SWASTHYA ADHIKARI Vs. ASHOK KUMAR

JUDGEMENT

(1.) THIS appeal by the Nagar Swasthya Adhikari, Nagar Maha palika Agra, is directed against the order of acquittal dated 26-4-1977 passed by Sri Yashpal Lukaria, Munsif Magistrate, First Class, Agra.

(2.) FOOD Inspector R. M. Chaturvedi, Nagar Mahapalika, Agra, visited the shop of Ashok Kumar, respondent no. I in Nagla Padi locality on 27-12-1974 at 5 P. M. and found the respondent no. 1 selling 'chaney ki dal'. The FOOD Inspector disclosed his identity and gave notice under rule 12 to respondent no. 1 and obtained its receipt (Ex. Ka. 1). He purchased 600 grams of 'Chaney ki dal' from respondent no. 1 on payment of Rs. 1.65 p. as its price. He put the purchased dal in three clean and dry bottles in equal quantity and sealed and wrapped the bottles as required under the rules. He handed over one sample bottle to respondent no. 1. He obtained receipt (Ex. Ka. 2) in token of payment of price and delivery of one bottle of sample dal, from respondent no. 1. He also prepared a report (Ex. Ka. 3) and form no. 7 in triplicate.

(3.) THE accused examined one witness Kali Charan (DW 1) in defence.