STATE OF M P Vs. RAMESHWAR DAYAL

JUDGEMENT

(1.) THIS appeal is directed by the State against the judgment of acquittal dated 6. 8. 99 passed by the Chief Judicial Magistrate, Morena in criminal case No. 904/98, by which the respondent has been acquitted against the charge under Section 7 (1) and 16 (1) (a) of the Food Adulteration Act.

(2.) IN short, the facts of the case are that on 14. 9. 98, Food Inspector, r. S. Chauhan (PW-1) took the sample of 375 gms. of mustard oil from the respondent and gave him Rs. 18/- as purchase price. The sample was divided into three equal parts and sealed on the spot. From which, one part sent to the Public Analyst, Bhopal, for its report and the remaining parts were deposited in the office of the Dy. Director, Food, Morena. The report received from the public analyst shows that oil was adulterated.

(3.) AFTER investigation charge-sheet was filed before the trial Court and after trial the Court acquitted the respondent on the ground that sample was not made homogeneous and it was not representative sample. Secondly, the exact weight is also not proved. It is taken approximately and thirdly the mandatory compliance of notice under Section 13 (2) of the Prevention of Food Adulteration Act was not proved, therefore, acquitted the respondent from the charge levelled against him.