NAGAR SWASTHYA ADHIKARI Vs. SHITAL PRASAD

JUDGEMENT

(1.) I have heard Sri B. N. Upadhyaya for the complainant, Sri J. N. Chaturvedi for the respondents and the Standing Counsel, who represents the State of U. P.

(2.) THIS appeal raises a legal point. The learned Magistrate, Tst Class, Agra, has vide his order dated 30-3-1977 acquitted the accused Shital Prasad and Tirloki Nath on a charge under Section 7/16 of the Prevention of Food Adulteration Act on the ground that the Food Inspector has not been able to prove that he had jurisdiction in the locality from which the sample was obtained. It is not disputed that Mr. V. N. Kulshresthra was the Food Inspector, who took the sample in this case and he was posted in Agra.