EMPEROR Vs. SHAMLAL JAMNADAS

JUDGEMENT

(1.) THIS is an appeal by Government against the acquittal of the accused by the Honorary First Class Magistrate of Surat.

(2.) THE prosecution case was that the Food Inspector, that is the complainant, purchased ghee from two tins in the shop of the accused which had no labels upon them, and that the accused actually effected the sale. THE accused gave to the complainant two receipts, which were exhibits 2/B and 2/A, stating that he had sold one-fourth Bengal seer of ghee, in one receipt stating " for eating purposes " and in the other " of eatable ghee ". We have not got any record of the evidence, because this was a summons case. But from the finding of the learned Magistrate and the receipts, I think, we must take it that the complainant asked for ghee and was sold this stuff as eatable ghee, and on analysis it was found to be heavily adulterated. THE learned Magistrate dismissed the summons on the ground that the accused himself was not responsible for what was done.