COMMISSIONER, MUNICIPAL CORPORATION Vs. HARPAL SINGH

JUDGEMENT

(1.) THIS appeal by the Commissioner, Municipal Corporation, Jabalpur is directed against the acquittal of respondent Harpal Singh from the offence alleged against him punishable under Section 16(l)(a) read with Section 7(6) of the Prevention of Food Adulteration Act, 1954. (hereinafter called the Act) by Shri K. K. Saxena, Chief Judicial Magistrate, Jabalpur under his Judgment dated 13 -12 -74, in Criminal Case No. 43 of 1971 on his file.

(2.) THE leave to file the present appeal against the acquittal was granted under the Order dated 31 -8 -78 of this Court. It may be observed here, that originally respondents, Harpal Singh as well as one Gurbhajan Singh, believed to be a partner of the firm Sahni. Hotel, Jabalpur, were prosecuted for the offences described in para 1 above by the Municipal Corporation. However, before the trial Court, there was no worthwhile evidence to bring out that Gurbhajan Singh, who was also shown to have been absent at the time of the taking of the sample, was a partner of the Sahni Hotel. In view of this, by the Order of this Court dated 31 -8 -78, leave was granted to prosecute the appeal against the acquittal of Harpal Singh only, as then also agreed to by the learned counsel for the appellant Corporation.

(3.) ACCUSED -respondent Harpal Singh abjured the guilt, stating in his defence that the said sample of butter was not obtained from him in his presence, since during the relevant time, he was busy inside the hotel premises. He also denied that the butter was either meant for sale or was adulterated.