M P STATE Vs. L C BHAGWANI

JUDGEMENT

(1.) LEAVE to file appeal was granted by this Court on 28-6-1979 and the appeal was registered as Criminal Appeal No. 175/1979. The accused was summoned by issuing a bailable warrant in the sum of Rs. 1,000/-for his appearance in the Court, Accordingly, the respondent/accused gave bail and appeared before this Court.

(2.) THE respondent was convicted in Criminal Case No. 1043/1973 by Chief Judicial Magistrate, Guna by his order dated 14-8-1975 under S, 16 (1) (a) (i) of Prevention of Food Adulteration Act, 1954 and was sentenced to rigorous imprisonment for six months and a fine of Rs. 1,000/ -. The respondent filed an appeal before the Sessions Court, Guna which was registered as Criminal Appeal No. 256/1975. In the said appeal the order of conviction was set aside by the learned Additional Sessions Judge, Guna on 4-2-1976. Against the said order of acquittal the present appeal is filed.

(3.) THE undisputed facts of the case are that on the date of the occurrence the respondent was a supervisor in the Government Milk Scheme. The milk from dairy goes out for sale in sealed cans and it was carried by the servant. On 13-5-1973 a servant of the dairy was taking the milk in sealed cans and the seals could not be removed unless they were broken. The person, who was carrying the milk, was stopped by the Food Inspector of Municipal Committee, Guna. The Food Inspector took the sample from the can and paid one rupee. He also gave a receipt to that effect. The receipt, Ex. P. l is signed by the respondent.