MUNICIPAL BOARD Vs. KANHAIYA LAL

JUDGEMENT

(1.) This is an appeal under Section 417 (3), Cri. P. C. filed by the Municipal Board of Moradabad against an order of acquittal dated 31-7-1962 recorded by the Sub-Divisional Magistrate, Moradabad in a case under Section 7/16 of the Prevention of Food Adulteartion Act.

(2.) Respondent No. 2 Girdhar Gopal was found selling aerated water at his shop on 1-1-5-1961 at about 10.15 A.M. This aerated water was manufactured by the R. K. Soda Water Factory, Guria Bazar, Moradabad, of which respondent No. 1 Kanhaiya Lal was the manager. Sample of the aerated water was taken by the Food. Inspector and sent to the Public Analyst whose report indicated that on laboratory test it was found to have been sweetened with sugar admixed with an added substance, viz., Saccharin. This was considered to be prohibited under the provisions of the Prevention of Food Adulteration Act, and hence both the respondents were tried on a complaint filed by the Food Inspector under the provisions of Section 7/16 of the Prevention of Food Adulteration Act.

(3.) The trial Court held that no offence has been made out against the respondents' and acquitted them.