STATE Vs. MADAN

JUDGEMENT

(1.) The State, after obtaining leave, has filed this appeal against the judgment dated 26th May, 1981 passed by the Judicial Magistrate, First Class, Saidarpur in Cr. Case No. 125/79, whereby he has acquitted the respondent of offence under Sec. 7 (1) read with Sec. 16 (1) (a) (i) of the Prevention of Food Adulteration Act.

(2.) The facts giving rise to this appeal may be stated, in brief, thus:- Rameshchandra Gupta (P.W. 1), the Food Inspector, on 11-2-79 purchased 375 gms. of Coconut Oil from the respondent from his shop for purpose of analysis after completing all the formalities, namely giving of notice, paying the price and preparing the panchnama. The Food Inspector divided the sample equally and filled in three separate bottles which were dry and clean, sealed them and sent one part of the sample to the Public Analyst, who, as per his report Ex. P. 11 found the same to be below the prescribed standard, hence adulterated and sent the other two samples to the Local Health Authority. On these facts the respondent was prosecuted, which on trial, resulted in his acquittal.

(3.) The defence of the respondent was of denial, though in reply to the charge framed against him he admitted that the Food Inspector had purchased the sample of the oil.