STATE OF U P Vs. JANKI PRASAD

JUDGEMENT

(1.) THIS appeal has been directed by the State against the order of acquittal dated 10-7-74 recorded by the learned Sessions Judge, Unnao in proceedings relating to charge under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954. The respondent had been convicted of the offence by the learned Magistrate by his order dated 30-3-1974 and sentenced to pay a fine of Rs. 1000/- and imprisonment till rising of Court. On appeal preferred by the respondent the learned Sessions Judge passed the order of acquittal.

(2.) BEFORE the learned trial Court the charge against the respondent was that he was selling Pera with fat contents of 246% instead of 5% prescribed under the U. P. Pure Food Rules 1952 framed in exercise of the power conferred under Section 47 of the U. P. Pure Food Act, 1950.

(3.) THE respondent did not dispute the fact that the fat contents of the Pera of which sample was taken from him was 2. 46% instead of 5% prescribed under the rules. His case was that the fat contents were less for two reasons. Firstly the Pera had been prepared out of the Khoya made from the cows' milk instead of buffalo milk and secondly it was rainy season when the fat content of milk was less.