NAGAR SWASTH ADHIKARI Vs. SHEO CHARAN

JUDGEMENT

(1.) This is an appeal by the Health Officer, Municipal Board, Moradabad against the acquittal of the opposite party Shiva Charan for an offence under Sec. 7/16 of the Prevention of Food Adulteration Act by the 1st Class Magistrate, Moradabad. Sri H.S. Joshi has appeared in support of this appeal. I have gone through the evidence on record.

(2.) The prosecution case is that the Food Inspector had seen Shiva Charan selling milk at a about 10 a.m. on 20-8-1969 at Buddhi Bazar, Moradabad. The milk was mixed half cow milk and half buffalo milk. The Inspector purchased the sample of milk from the accused opposite party No. 1. He gave a receipt Ex. Ka. 2 for the same. The sample of milk was distributed equally in three phials. One such phial was given to the accused for which a receipt Ex. Ka. 3 was executed by him. One of the samples was sent for the report of the public Analyst. The said report Ex. Ka. 3 disclosed that the sample was deficient in non-fatty solids to the extent of 13%. Thereafter, the opposite party was prosecuted for an offence under Sec. 7/16 of the Food Adulteration Act. He has been acquitted as mentioned above.

(3.) I have perused carefully the statement of the Food Inspector H.S. Saraswati (P.W. 1) as also the statement of Waziri Lal (P.W.2). I have also carefully read the statements of the three defence witnesses namely Hazari Lal (D.W.1), Shiva Charan (D.W.2) and Dharampal (D.W.3). The case for the defence is that the milk which was being carried by the accused was not meant for sale but was being brought by the accused to the house of Dharampal for his ailing wife.