STATE OF MADHYA PRADESH Vs. LAXMI PRASAD

JUDGEMENT

(1.) This is the State appeal against acquittal of the respondent-accused of the offence under sections 7(2/l6(l)(a)(i) of the Prevention of Food Adulteration Act.

(2.) In the matter of adulterated sample of groundnut oil sold to the Food Inspector on 26.7.1972 from the Kirana shop of the respondent-accused, the respondent-accused was prosecuted. The respondent-accused abjured the guilt and raised several pleas regarding non-compliance of the provisions of the Act and the Rules thereunder The Trial Court held that it was doubtful whether the Food Inspector had given any notice to the respondent-accused regarding his intention to purchase the sample of groundnut oil. It was also held doubtful whether the purchased sample, at first was taken in a separate utensil and the equally distributed in three clean and dry bottles. Furnishing of the copy of the Public Analyst's report to the respondent-accused was also held to be not free from doubt. The Trial Court equally held that prejudice had been occasioned to the respondent-accused since he was not given an opportunity for re-cross-examination of certain prosecution witnesses after the stage of charge. Accordingly, the respondent-accused was acquitted. Hence, now, the present State appeal.

(3.) The learned Panel Lawyer appearing for the State has urged that Food Inspector's version regarding due compliance of various provisions of the Act should have been relied on by the Trial Court and it is further urged that no prejudice had been caused to the respondent accused for want of any opportunity to him for re-cross-examination of certain witnesses, examined on the prosecution side.