NAGAR SWASTHYA ADHIKARI, AGRA Vs. VIRENDRA MITTAL

JUDGEMENT

(1.) Nagar Swasthya Adhikari, Nagar Mahapalika, Agra has filed this appeal against the judgment of a Magistrate 1st class Agra dated 20-12-1972 acquitting Lahrey respondent under Sec. 7/16 of the Prevention of Food Adulteration Act in Criminal Case No. 30 of 1972.

(2.) The case of the appellant (Complainant) is that V.N. Singh, Food Inspector Nagar Mahapalika, Agra (PW 1) found the respondent selling milk from a vessel (Tanki) containing about 30 litres of milk on 17-2- 1972 at about 7.30 A.M. near the Collect-orate, Agra. The Food Inspector disclosed his identity to the respondent and offered 80 paise to him for selling 660 millilitre milk to him for analysis by the Public Analyst but the respondent did not sell milk to him and instead threw the entire milk from the vessel (Tanki) on the ground as a result of which no milk could be purchased by the Food Inspector. The respondent thus prevented the Food Inspector from taking milk for analysis which is punishable under Sec. 16(l)(b)(i) of Prevention of Food Adulteration Act read with Sec. 7 of the Act.

(3.) Four eye witnesses were examined on behalf of the complainant, namely, V.N. Singh, Food Inspector (PW 1) Ram Singh, Peon of the Nagar Mahapalika (PW 2), Rajan Singh, Food Beldar Nagar Mahapalika (PW 4) and Bhagwan Singh (PW 5). The respondent pleaded not guilty and stated that he had sold entire milk and his vessel (Tanki) was empty. The Food Inspector demanded bribe (Mahinadari) from him and when he refused to give it the Food Inspector slapped him and implicated him falsely. The trial Court after considering the evidence on record came to the conclusion that the complainant had failed to establish the guilt of the respondent and acquitted him as mentioned earlier.