STATE OF MADHYA PRADESH Vs. VISHNOO PRASAD

JUDGEMENT

(1.) The appellant/State has preferred this appeal against the judgment dated 20.12.1993 passed by the Chief Judicial Magistrate, Hoshangabad in Criminal Case No.774/1990 by which the respondent was acquitted from the charge under Section 17 (1) read with Section 16(1)(a) (i) of Prevention of Food Adulteration Act, 1954 (for short the "Act, 1954").

(2.) Prosecution case, in short, is that, on 9.9.1990 at about 7:30 AM in the morning, Shri V.N.Shrivastava, Food Inspector, District Flying Squad, Hoshangabad had stopped the respondent, who was taking two cans of milk containingCriminal Appeal No.1771/1995 10 liters of cow milk. Shri Shrivastava took three samples of the milk after due intimation. A Panchanama Ex.P/9 was prepared. All the three parts of the samples were properly sealed. One of the sample was sent to the Public Analyst and the report was received that the cow milk possessed by the respondent was adulterated. Therefore, a request has been made to Deputy Director, Khadya Avam Aushadhi Prasashan (hereinafter referred to as the "Deputy Director, KAAP") to grant permission to file a complaint against the respondent. Deputy Director, KAAP vide letter dated 14.11.1990 issued such a permission and then a complaint has been filed before the Chief Judicial Magistrate, Hoshangabad for an offence punishable under section 7 (1) read with section 16 (1) (a) (1) (ii) of the Act, 1954 and an intimation was given to the Deputy Director accordingly. Then Deputy Director, KAAP issued an intimation to the appellant that if he wants to get the other parts of samples analysed by the Central Food Laboratory, then he can apply within ten days before the trial Court.

(3.) The respondent abjured his guilt in the trial Court. He did not take any specific defence but he challenged the sanction issued by the Deputy Director, KAAP and therefore, Dr. Ravindra Mahadev Dagawkar (D.W.1) was examined as a defence witness.