MAJID HUSSAIN ZAMALI, FOOD INSPECTOR Vs. RAMLAL SAHU

JUDGEMENT

(1.) The following are the facts and not disputed by the parties in appeal:-

(2.) I have formed the opinion that this appeal should be dismissed. The trial court has acquitted the respondent on the following grounds :

(3.) Regarding the ground No. 2 about Rule No. 8, the finding of the Magistrate is not correct. On the other hand perusal of the statement of the Food Inspector Mazid Hussain (P.W. 1) para 5 would show that he did send the sample of the milk along with the memo Ex. P-4 bearing the impression of the seal to the Public Analyst. There is nothing to discredit this statement of the witness. On the other hand, his statement finds support from the report Ex. P.5 of the Public Analyst. Therein it was clearly mentioned that the impression of the seal as shown in Ex. P. 4 tallied with that on the sample bottle. The learned counsel for the respondent rightly conceded that the ground no. 2 mentioned above for a requital was not justified from the record.