(1.) The Ujjain Municipal Corporation (hereinafter referred to as corporation) is hereby assailing the correctness, propriety and legality of order of acquittal or respondent passed by Judicial Magistrate First Class Ujjain in criminal Case No. 335 of 1980 by which he acquitted the respondent of the charge under Section 7(1) read with Section 16(1) (a) (i) of prevention of Food Adulteration Act, 1954 (hereinafter referred to the Food Adulteration Act).
(2.) On 5-10-1979 p.m. the complainant Food Inspector Raghvirsingh Sisodiya took the sample of buffalo milk when the said milk was in a pot commonly known in this region as Kadai. The said milk was kept on a earth which was constantly heating it. After completing the formalities the sample was sent to public Analyst for analysis. The said milk was found to be adulterated. After the report of the Public Analyst was received the respondent was prosecuted for the offences mentioned above.
(3.) The corporation examined R. S. Sisodyia, Food Inspector and Dr. B. R. Gupta public Analyst for substantiating the case.