NAGAR SWASTHIYA ADHIKARI Vs. BASANT

JUDGEMENT

(1.) This is a revision application against the order dated 27-5-1975 passed by the Chief Judicial Magistrate, Agra, discharging the opposite party of the charge under Sec. 7/16 of Prevention of Food Adulteration Act (thereinafter referred to as the Act).

(2.) In brief the facts are that the opposite party used to carry on a Jai Durga Jalpan shop in Agra and used to sell Fanta drinks. A Food Inspector of Agra purchased 9 bottles of Fanta from his shop and after opening the bottles divided the contents in three equal parts. One of them was sent to the public analyst and was probably found to be adulterated. The opposite party broke the plea that the Food Inspector had no right to open the bottles and transfer its contents to another container. He should have sent the original containers to the public analyst. This contention found favour with the learned trial court and the opposite party was discharged.

(3.) I have heard the learned counsel for the revisionist and I find no force in his contention that uniform quality in the case of aerated water cannot be obtained without opening the original container and mixing its contents. The learned trial court has referred to the decision of this Court in which it was clearly laid down that the Food Inspector should not open the original container as it would amount to violation of Rule 22-A. In the instant case, the Food Inspector has contravened Rule 22-A and the opposite party could not be convicted of the charge under Sec. 7/16 of the said Act. The revision application, therefore, has no force and is dismissed. Application dismissed.