ADMINISTRATOR JABALPUR CORPORATION Vs. GIRDHARILAL

JUDGEMENT

(1.) THIS is an appeal under Section 417 (3) of the Code of Criminal Procedure, 1898, filed by the Administrator, Jabalpur Corporation, Jabalpur, against the order of acquittal dated 1-12-1967, passed by the Magistrate First Class, Jabalpur, in Criminal Case No. 986/67, under Section 7/16 of Prevention of Food Adulteration Act.

(2.) BRIEF facts of the case are that the respondent owns a shop in Mohalla Gorakh-pur of Jabalpur City. On 30th June, 1967, Food Inspector D. L. Patel (P. W. 2) purchased 475 grams of dalda from the shop of the respondent and paid Rs. 2. 75 to him as the price of the same and obtained his receipt (Ex. P/2 ). Thereafter, D. L. Patel (P. W. 2) filled three bottles with the purchased dalda in equal quantity. All the three bottles were wrapped, fastened and sealed in accordance with the rules. One bottle was given to the respondent and receipt (Ex. P/3) was obtained from him. An Intention notice (Ex. P/l) was also served on the respondent. The Public Analyst H. G. Bapat after examination of the specimen submitted his report (Ex. P/6 ). He was of opinion that the sample was adulterated. Therefore, the respondent was prosecuted for the offence punishable under Section 7/16 of the Prevention of Food Adulteration Act, for selling adulterated dalda (vegetable hydrogenated oil),

(3.) IN defence, the accused-respondent abjured the guilt and pleaded that he was not the dealer in ghee or oil and the dalda which was purchased by the Food Inspector D. L. Patel (P. W. 2) belonged to one Chhaba-lal (D. W. 1 ). It was further pleaded that the sample was taken under duress,