PUBLIC PROSECUTOR Vs. MOHD. EQBAL

JUDGEMENT

(1.) There is no evidence to show that the accused was selling the article treating it as food. The label clearly shows that it is for the manufacturing purpose, the observation of the Magistrate that it was written minutely and not in observation form is not correct, when the label shows that it is for the manufacturing purpose, and in the absence of evidence on behalf of the prosecution to show that it is sold for other purpose other than manufacture and Ex. P. 18 shows that is used for industrial purpose. I feel that the reasoning given by the lower court is not correct. The accused is entitled to benefit of doubt and he is acquitted of the charge. The fine amount paid shall be returned to him. The appeal is dismissed. Appeal dismissed.