MUNICIPAL BOARD Vs. ANGAN ACCUSED

JUDGEMENT

(1.) THIS is a State appeal against an order of the Bench Magistrate, First Class, Moradabad, by which the present respondent Angan was acquitted in a case under Section 7 read with Section 16 of the Prevention of Food Adulteration Act (No. XXXVII of 1954 ).

(2.) THE respondent is a dealer in milk. A sample of his milk was taken by the Food Inspector, I. P. Apan, on 24th September 1963 and when the sample of milk was examined it was found to be deficient in fat contents by about 17 per cent and in non-fatty solids by about 2 per cent. The respondent was then prosecuted by the Medical Officer of Health of Municipal Board, Chandausi, as aforesaid.

(3.) DURING the hearing of the case against the respondent, it was urged that Sri I. P. Apan was not qualified to be appointed a Food Inspector under Section 9 of the Prevention of Food Adulteration Act, 1954 (hereinafter called the Act) read with Rule 8 of the Rules framed thereunder. This contention found favour with the learned Bench Magistrates with the result that the respondent was acquitted and hence this appeal by the State.