STATE OF MAHARASHTRA Vs. PRAKASH

JUDGEMENT

(1.) The State has preferred this appeal against an order of acquittal.

(2.) The Food Inspector Shri Lilhare, on 14-8-74, found the respondent No. 1 Prakash at Arvi Bus Stand at Wardha with a milk can. The Food Inspector took 660 ml of milk from him as a sample for analysis. The prosecution case is that respondent No. 1 was the servant of respondent No. 2 and as such servant he was carrying the milk for the purpose of sale. When the sample was sent to the Public Analyst, he reported that it was adulterated by his report Exhibit 2. It appears that after the complaint was filed by the Food Inspector on 20-1-1975 the respondent requested for summoning the Public Analyst for cross-examination and accordingly he was examined by the Court. Similarly in March 1976 the respondent made an application to send the sample to the Central Food Laboratory, Calcutta (hereinafter refer to as CFL). The report received from the CFL is at Exhibit 40. Even according to that report, the sample was adulterated.

(3.) The learned Magistrate, however, acquitted the accused for the following reasons :