STATE OF MADHYA PRADESH Vs. GHASIRAM MALVIYA

JUDGEMENT

(1.) This is the State appeal against the acquittal of the respondent-accused of the offence under section 7(1)/16(t)(a) of the Prevention of Food Adulteration Act.

(2.) Food Inspector Gangasaran Gupta had purchased the sample of food grain viz Arhar ki dal from the Kirana shop known as M/s. Suganchand Ghasiwada, for purposes of analysis on 17.9.1980. The Public Analyst vide his report found the sample to be adulterated. Hence, the respondent-accused was prosecuted for the offence in question.

(3.) The respondent-accused who was acquitted by the trial court firstly on the ground that the prosecution had failed to prove in the light of section 17 of the Prevention of Food Adulteration Act, as to who was Incharge and was responsible at the relevant lime for the conduct of business of that firm ; and secondly on the ground, that there was non-compliance of mandatory provision of Rule 7(3) of the Prevention of Food Adulteration Rules due to the forwarding of the Public Analyst's report to the appropriate authority much beyond the prescribed 45 days.