STATE OF M P Vs. RAMDEO AGRAWAL

JUDGEMENT

(1.) The respondents-accused were prosecuted under Section 7/16 of the Pre vention of Food Adulteration Act, 1954 (for short hereinafter referred to as 'the Act'). The sample of ground-nut oil was taken from the shop of Ramdev Agrawal, who was running a business of General Merchant-dise and the respondent No. 2 was prosecuted as it was sealed in his firm and it was purchaser and supplier. After the report of the Chemical Analyst, the Food Inspector filed a complaint before the Chief Judicial Magistrate, Ambikapur, district Surguja.

(2.) The trial Court acquitted the respondent No. 2 on the ground that the prosecution has failed to establish that the Shyam Brand Oil was manufac tured by the firm known as "Poonam Oil Industries" and further that the same was given to respondent No. 1 Ram Dev Agrawal for sale. In the absence of evidence on record, the respondent No. 2 was acquitted. Ramdev Agrawal was also acquitted by the trial Court vide its judgment and order dated 14-5-1985. The present appeal is filed against the order of acquittal.

(3.) Heard the learned Panel Lawyer Shri D. D. Bhargava and Shri S. C. Datt, learned counsel for the respondents.