LAWS(MPH)-1995-1-111

FOOD INSPECTOR, BALAGHAT Vs. TEJLAL

Decided On January 13, 1995
Food Inspector, Balaghat Appellant
V/S
Tejlal Respondents

JUDGEMENT

(1.) THIS is an appeal under Section 378 (4) of the Cr.P.C. against the acquittal of the respondent for the offence under section 16 (1) (a) (i) of the Prevention of Food Adulteration Act, 1954, by the Chief Judicial Magistrate, Balaghat in criminal case No. 1576/81.

(2.) THE respondent was found selling adulterated milk by the Food Inspector, K.N. Tiwari PW 3 on 11.9.81 who took the sample of the adulterated milk for public analysis by giving a notice to the respondent. He after observing the formalities of sample and sealing sent a sample to the public analyst, Bhopal who after chemical examination reported that the sample did not conform to the standard of puriety as laid down under the rules vide his report Ex. P. 12. A copy of the report of the public analyst, was sent to the respondent vide Ex. P.13 under registered post, but neither postal receipt nor acknowledgment receipt was brought on, the record by the prosecution. The trial Court after consideration of the evidence, acquitted the respondent of the offence. As against that, Food Inspector has preferred this appeal.