STATE OF MADHYA PRADESH Vs. SURENDRA SINGH RATHORE

JUDGEMENT

(1.) THIS appeal is filed by the appellant State against the judgment of acquittal passed by the Chief Judicial Magistrate, Morena in Criminal case No. 3118/94, dated 6. 8. 99 by which the respondent was acquitted against the charge under Section 7 (1), read with Section 16 (1) (a) of the prevention of Food Adulteration Act.

(2.) IN brief, the story of the prosecution is that the allegation against the respondent that he was selling adulterated khowa (milk product ). On 28. 4. 94, the Food Inspector N. R. Jatav (P. W. 1) had taken sample of khowa from the appellant after giving notice of Form No. 6, purchased 600 gram khowa by giving an amount of Rs. 24/ -. The sample was divided into three parts and kept in a plastic container and sealed. One packet was sent to Public analyst. The sample was found adulterated as per the report received from public Analyst. Charge-sheet was filed before the court and the trial court framed the charge against him and after completion of trial, on the basis of evidence on record, acquitted the respondent on the ground that while taking the sample khowa was not homogeneous which is a representative sample. It is not proved beyond reasonable doubt that the food article khowa was adulterated. Therefore, the respondent was acquitted by the trial Court.

(3.) THE main contention of the learned counsel for the respondent is that kowa is a solid substance which do not require to make it homogeneous because it was prepared from the milk substance and in the process it mixed up. Therefore, there is no need to make it homogeneous. But counsel for the state failed to explain and stated that in a solid substance, it is not necessary that sample was made a representative sample.