SATYA NARAIN GUPTA Vs. KESHAV DEO

JUDGEMENT

(1.) This appeal is directed against the judgment of the Fourth Additional Sessions Judge, Ujjain in Criminal Appeal No. 44 of 1980, setting aside the judgment of the Municipal Judicial Magistrate First Class, Ujjain in Criminal Case No. 1778 of J977 and acquitting the respondent. The learned trial Magistrate finding the accused respondent Keshavdeo guilty of selling adulterated cow milk prohibited under Sec. 7 (i) of the Prevention of Food Adulteration Act had sentenced him under Sec. 16(1) (a) (i) of the Prevention of Food Adulteration Act to rigorous imprisonment for six months and Rs. 1000.00 fine, failing the payment of which he was to further undergo rigorous imprisonment for three months.

(2.) On 7-5-1977, the appellant Satyanarayan Gupta, who was a Food Inspector in Ujjain town went to the shop of the accused Keshavdeo and bought from him 660 ml. of cow milk for Rs. 1.38 P. He after mixing the bought milk well decided it in three parts and put each part in three different bottles pouring in each of those bottles 18 drops of formalin. He sealed them. He sent one of the samples to the Public Analyst, who vide his report (Ex. P. 10) finding that though the fat contents were 5.4 per cent, the milk solids not fat were only 7.9 per cent. The copy of this report was also sent by a registered post to the accused but it remained undelivered to him.

(3.) On these facts he was successfully prosecuted before the Municipal Judicial Magistrate First Class, Ujjain but on appeal by the convict Keshavdeo, he has been acquitted. It is the Food Inspector of the Municipal Corporation, Ujjain who now desires by this appeal to have the acquittal of Keshavdeo set aside and he be sentenced suitably.