STATE OF M P Vs. RAJENDRA PRASAD

JUDGEMENT

(1.) AGAINST the judgment of acquittal, the present appeal has been filed by the State/appellant against the order of Shri. A. K. Samadhiya, Chief Judicial Magistrate, Morena, dated 09. 03. 1999 in Criminal Case No. 107/95 whereby respondent has been acquitted against the charge under section 7 (1) read with section 16 (1) of the Prevention of Food Adulteration Act, 1954.

(2.) THE brief facts of the case are that on 29. 04. 94 food inspector Shri r. C. Sharma [pw-1] inspected the shop belonging to the respondent and gave a notice Ex. P-1 for obtaining the sample of Khoya. He purchased 600 gm. Khoya worth Rs. 24/- and gave a receipt to the respondent. The sample was divided in three parts and kept in clean and dry cover and affixed label on it. The seized article was sent to the Local Health Authority, Morena and also one sample was sent alongwith memorandum to Public Analyst. The report of Public Analyst Ex. P-10 which indicates that the Khoya which is collected from the respondent is adulterated. After obtaining the permission for prosecution against the respondent, the charge-sheet was filed before the Chief Judicial Magistrate and after trial, the respondent was acquitted by the Trial Court.

(3.) AGAINST the order of acquittal, the appeal preferred by the state challenging the findings of the Trial Court on the following grounds :-