STATE OF MADHYA PRADESH Vs. NOKELAL

JUDGEMENT

(1.) The State has preferred this appeal against the judgment dated 17.2.1995 passed by learned CJM, Panna in criminal case No.56/1992, whereby the respondent was acquitted from the charges of offence punishable under section 7 (1) read with section 16 (1) (a) (1) of The Prevention of Food Adulteration Act, 1954 (hereinafter it shall be referred to as 'P.F. Act')

(2.) Prosecution's case, in short, is that, the appellant Food Inspector was posted in district Panna as a Food Inspector to work in the entire district. On 22.8.1991, Food Inspector Shri Shrivastava (P.W.1) found that the appellant was present at Bus stand of village Simariya having a can of milk in which five liters of cow milk was available. A notice in Format 6 was given to the respondent and 750 ml of cow milk was purchased by the Food Inspector and a receipt of Rs.4.50/- was given. Three parts of the sample were made and filled up in dry smell-less bottles. 20 drops of formalin were added in each of the bottle. Thereafter, bottles were properly sealed with slip issued by local health authority, Panna. Ultimately, one part of the sample was sent to the Public Analyst for analysis and thereafter, remaining two parts were deposited with local health authority. In report of Public analyst, it was found that sample was adulterated and therefore, a sanction was obtained for prosecution from local health authority and therefore, a complaint was filed before CJM, Panna. Notice under section 13 (2) of P.F. Act was also sent to the respondent.

(3.) The respondent abjured his guilt. No specific plea was taken by him but, he has stated that actually one Sitaram Rathore, Vaccinator in Simariya hospital told him to bring his wife for TT operation but, since he refused for that operation, a false case had been prepared by the Food Inspector with the instigation of Sitaram and therefore, Katte (D.W.1) and Chunna (D.W.2) were examined from the side of the defence.