NAGAR MAHAPALIKA Vs. KANHAIYALAL

JUDGEMENT

(1.) THIS is an appeal by the Nagar Swasthya Adhikari, Nagar Mahapalika, Agra, under Section 417(3) Cr. P. C. against the order dated 27-12-1972 of Sri Rahtu Singh, Magistrate 1st Class, "Agra acquitting respondent Kanhaiya Lal under Sections 7/16 of the Prevention of Food Adul­teration Act (hereinafter referred to as the Act).

(2.) THE respondent was prosecuted under Sections 7/16 of the Act on the allega­tions that on 2-9-1971 Sri R. N. Dikshit (P. W. 1) Food Inspector at about 7-30 P. M. found the respondent selling mixture of cows and goats milk. R. N. Dikshit aforesaid purchased 660 m.l. mixture of milk from the respondent for 90 p. and obtained receipt Ex- ka-/2. He filled that mixture of milk in three phials equally, dropped 18 drops of formalin of 40% strength and sealed them. One of these phials was handed over to the respondent. He also pre­pared a report Ex.ka/4 and form No. VII Ex.ka/3. The remaining two phials with other papers were given to the Nagar Swasthya Adhikari. One phial was sent to the Public Analyst on 7-9-1971, who vide his report Ex. ka/5 reported that the sample was deficient in non-fatty solid content 437%. It showed 5.5% non-fatty solids. Accordingly the res­pondent was prosecuted.

(3.) THE Nagar Swasthya Adhikari, Nagar Mahapalika, Agra, feeling aggrieved, has now come in appeal before me. I have heard the learned counsel for the appellant as also the learned counsel appearing on behalf of the respondent at length and after going through the record I have come to the conclusion that the order of the court below cannot be allowed to stand.