NAGAR SWASTHYA ADHIKARI Vs. MOHAMMAD RAFIQ

JUDGEMENT

(1.) I have heard the arguments of Mr. B.N. Upadhyaya.

(2.) Mr. A.U. Khan the then Additional Chief TJudici4 Magistrate, Agra by his order dated 18.7.1977 has directed acquittal of Mohammad Rafiq, who was charged for an offence punishable under Section 7 read with Section 16 of the Prevention of Food Adulteration Act. Against this order of acquittal, the present appeal has been filed.

(3.) It appears that on 16.91975 at about 12 noon, the Food Inspector obtained a sample of Dal Chana from the shop of the accused and it was sent for analysis to the public Analyst. The Public Analyst Report dated 5.12.1975 (Ext. Ka-5) show that the sample contained about 6 percent mixture of Dal Khesari (lathyrus sativus). This was harmful for the public health.