STATE OF MADHYA PRADESH Vs. KALYANMAL AGRAWAL

JUDGEMENT

(1.) This is State's appeal under S.378(1) and (3) of the Code of Criminal Procedure, 1973, challenging the acquittal of the respondent by an order dated 27-11-1979, passed by Judicial Magistrate First Class, Baikunthapur, in Criminal Case No.62 of 1978.

(2.) The prosecution case was that the respondent had sold adulterated ground-nut oil on 19-1-1978 to Ramsingh at Baikunthpur and has, thereby, committed an offence under S.7, punishable under S.16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the "Act"). It is alleged that Food Inspector Ramsingh (P.W.3) inspected the shop of the respondent on the date of incident and purchased 375 grams of groundnut oil from him for a price of Rs. 3/-. The purchased ground-nut oil was put in three clean and empty bottles and sealed in accordance with rules. A Panchanama was also prepared. Thereafter, on 20-1-1978, one bottle of the oil was sent by registered post to the Public Analyst at Bhopal and the other two bottles were sent to the District Health Officer, Ambikapur. The report of the Public Analyst showed that the oil was adulterated and, hence the complaint as stated above, was filed.

(3.) The learned Judicial Magistrate considered the complaint of the accused person that he had not been sent or given copy of the report of the Public Analyst as required by R.9-A of the Prevention of Food Adulteration Rules, 1955, and, hence was denied his right to challenge the result of the analysis. On the basis of the evidence on record, the learned Magistrate held that it was not proved that the report of the Public Analyst was either sent or given to the respondent as required by the Rules. It was also held that there was no compliance of R.18 of the above-mentioned Rules. On the basis of the above findings, the respondent was acquitted.