STATE OF M.P. Vs. JAHEER KHAN

JUDGEMENT

(1.) This appeal has been preferred by the appellant/State against the judgment dated 3.4.1997 passed by the Court of Chief judicial Magistrate, Raisen in Criminal Case No. 1247/91, whereby the respondent has been acquitted from the charge punishable under Section 16(1)(A)(1) read with Section 7(1) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act').

(2.) The prosecution case, briefly stated, is that at the time of commission of the offence, PW1 K. L. Jaiswal Food Inspector was posted as Sanitary Inspector at Raisen and was vested with the powers of Food Inspector for the entire Revenue District of Raisen. On 20.11.1990 at about 10:30 a.m., respondent/accused Jaheer Khan, who used to run the business of selling milk at Bus Stand Silwani, was found carrying 8 litre of adulterated milk. The Food Inspector served a notice in Form VI to the respondent/accused and offered to purchase milk and the respondent/accused agreed to sell it. The Food Inspector purchased adulterated milk from the respondent/accused in presence of the witnesses after, paying requisite amount. The 750 ml of milk was divided into 3 equal parts, mixed with Formalin, properly sealed in three bottles and signed by Local Health Authority, Raisen. One bottle of sample was sent to Bhopal for analysts under due acknowledgment. Remaining two bottles were deposited in the office of Local Health .Authority, Raisen. On analysis, a report from the analyst was received. The analyst opined that the milk was adulterated. On receipt of the report, the Food Inspector obtained sanction for prosecution of the respondent/accused and thereafter the charge-sheet was filed against him for the offence punishable under Section 16(1)(A)(1) read with Section 7(1) of the Act.

(3.) The respondent/accused abjured the guilt and pleaded innocence praying therein that he had been falsely implicated in the case.