STATE OF M.P. Vs. JAGDISH CHAND

JUDGEMENT

(1.) This is an appeal by the State of M.P., against the judgment dated 19-3-1983 passed by the Judicial Magistrate 1st Class, Sardarpur District Dhar in Criminal Case No. 363 of 1981 whereby the learned Magistrate has acquitted the accused-respondent Jagdish Chand of the offences punishable under Sec. 7(1) read with Sec. 16(1) of the Prevention of Food Adulteration Act.

(2.) The prosecution case, briefly stated, is as follows:-

(3.) The plea of the accused respondent in defence is that the sample in question was meant for Pooja and Rangoli. This defence has also been put in the cross-examination of the witnesses. The learned Magistrate has, on the basis of the evidence on record, come to the conclusion that it was doubtful that the seized turmeric was food stuff.