NAGAR SWASTHYA ADHIKARI Vs. OM PRAKASH

JUDGEMENT

(1.) THIS appeal arises against the judgment and order dated 15-4-1978 of Sri K. P. Mathur, Special Judicial Magistrate, Allahabad acquitting the accused-respondent of the offence u/Secs.7/16 of the Prevention of Food Adulteration Act, 1954 as amended upto date.

(2.) RELEVANT facts, material to the controversy, are that one Sri K. C. Misra and Ale Hasan, Chief Sanitary Inspector and Sanitary Inspector respectively along with two other persons inspected the stall of Om Prakash son of R. P. Saxena at Plaza Canteen, 26 Mahatma Gandhi Road, Allahabad on 7-12-1978 at 4.30 P.M. It was found that for selling/storing and exhibiting for sale salted biscuits, a valid licence as required under law (Rule 50) was not available with him.

(3.) THE accused denied the charge. It was stated by him that licence till March, 1976 was available with him and it has been sent for renewal to the concerned authority.