STATE OF MADHYA PRADESH Vs. SURAJMAL

JUDGEMENT

(1.) This is the complainant Municipal Council's appeal against the acquittal of the respondent-accused of the offence punishable under Sec. 7 read with Sec. 16 of the Prevention of Food Adulteration Act.

(2.) On 23-1-1976, the Food Inspector Gopal Singh Yadav had purchased the sample of Jalebi from the respondent-accused at the latter's Sweet shop. The sample was sent to the Public Analyst who opined that in the matter of added colour non-permitted colour had been added and that it was unfit for human consumption. On the strength of this report the respondent accused was put up for trial for the offence in question, in the matter of adulteration of the particular food stuff viz. Jalebi. The trial Court disbelieved the evidence on the complainant's side regarding sale of sample of Jalebi by the respondent-accused to the Food Inspector, in the absence of any corroborative evidence of the independent panch witnesses. Accordingly, the respondent accused was acquitted.

(3.) The learned counsel for the appellant-Municipal Council, Durg, in the present appeal against the said acquittal has urged that the trial Court was wrong in disbelieving the testimony of the Food Inspector even though other witnesses had not supported him in the matter of sale of this sample of Jalebi.