NAGAR MAHAPALIKA Vs. MUSHIR AHMAD

JUDGEMENT

(1.) THIS is an appeal against an order of acquittal directed in favour of the accused-respondent by the Magistrate who had found the accused-respondent not guilty Under Section 7/16 of the Prevention of Food Adulteration Act and had acquitted him of the charge read with Rule 50 of the aforesaid Act.

(2.) IN short the allegations of the prosecution are that on 20-6-1970. at about 11. 45 a. m. , Sri G. P. Sahu, Food Inspector purchased a sample of Ghee to the tune of 450 grams from Mushir Ahmad, a Kirana Merchant owning a shop in Mohalla Katra Abuturab Khan. He paid Rs. 5. 85 for the same. He divided the sample into three phials and sealed them after adding preservative and gave one phial to the accused. The relevant documents, namely, notice, receipt of payment of money etc. , were prepared by the Food Inspector on the spot. When the sample was sent to the Public Analyst for report, the report of the Public Analyst was that the sample contained more than the prescribed percentage of acid. The intimation of the report of the Public Analyst was sent to the accused-respondent, Mushir Ahmad. Later on, after obtaining sanction for the prosecution from the relevant authorities, a complaint was filed against the accused respondent and on that basis he was. asked to stand his trial Under Section 7/16 of the Prevention of Food Adulteration Act.

(3.) THE accused admitted that sample of Ghee was taken from him but he denied that any price was paid to him. He further contended that the sample phials were washed and thereafter Ghee was sampled. The learned Magistrate acquitted the accused-respondent mainly on the ground that since prosecution was launched after unusual delay, the accused was deprived of a legitimate right to get the sample tested from the Director of the Central Food Laboratory. The Magistrate relied upon a ruling of this Court reported in Bindra Ban Das v. Nagar Swasthya Adhikari 1971 All WR (HC) 306 : 1971 Cri Lj 1366. It is against this order of acquittal that the present appeal has been preferred by Nagar Swasthya Adhikari, Nagar Mahapalika, Luck-now.