STATE OF MP Vs. RAJ KISHORE GARG

JUDGEMENT

(1.) THE appellant/state has preferred this appeal under Section 378 of Cr. P. C. against the judgment of acquittal, dated 2nd december, 1999 passed by Chief Judicial Magistrate, Morena (M. P.) in criminal Case No. 461/97, by which the respondents have been acquitted of the charge under Section 7 (1) read with Section 16 (1) (a)- (i) of the prevention of Food Adulteration Act, 1954 (hereinafter it shall be referredto as 'the Act' ).

(2.) BEING aggrieved by the order of acquittal, the appeal has been filed by the appellant/state.

(3.) IN nutshell, the story of the prosecution is that on getting information, food Inspector R. S. Chauhan (P. W. I) went to Raju Ice Factory, A. B. Road, morena on 29. 1. 97 for inspection that the respondents were selling adulterated milk. The sample of 750 gram ml. Ltr. , milk was purchased by giving rs. 7. 50/ -. It was divided into three equal parts of 250 gram each and were kept in three clean bottles by adding 20-20 drops of formalene out of which one part was sent for chemical examination and other two parts were kept at local health authority. Before that a notice under Form No. 6 was given to the respondents which is Ex. P. 3 and milk was purchased by Food Inspector r. S. Chauhan (P. W. 1 ). The sample of milk was sealed and then sent to public Analyst, State Food Laboratory, Bhopal. The first sample which was sent did not contain the impression of seal. Therefore, the second sample was sent. The report of Public Analyst is related to the second sample.