STATE OF M.P. Vs. JASWANT SINGH

JUDGEMENT

(1.) This is an appeal under section 378 Code Criminal Procedure against the judgment of acquittal dated 26 2.1982 passed by the Judicial Magistrate First Class. Badnawar in Criminal Case No. 185/79 thereby acquitting the respondent of an offence punishable under section 7(1) read with section 16(1)(a)(i) of the Prevention of Food Adulteration Act.

(2.) The facts are that on 10.3. 1979, by about 8 a.m. the Food Inspector Babulal purchased t60 ML. of milk from the accused which on analysis by the Public Analyst as per his report Ex. P/13 was found to be adulterated.

(3.) Shri Solanki learned Government Advocate appearing for the appellant State has urged that in view of the report of the Public Analyst Ex. P/13, and the certificate from the Central Food Laboratory, even if the test and standard of cow's milk is applied, the acquittal cannot be said to be justified. Before dealing with the submission it would be better to recall and recapitulate a few findings of facts arrived at by the Trial Court.