MUNICIPAL CORPORATION, INDORE Vs. OM PARKASH

JUDGEMENT

(1.) This appeal is directed against judgment dated 5.12.1983, passed by Chief Judicial Magistrate, Indore, in Criminal Case No. 3654 of 1979 thereby acquitting the accused of charges under section 7(i)(v) read with section 16(1)(a)(i)(ii) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as "the Act").

(2.) Prosecution case was that on 29.10.1979, Food Inspector Vinayak Chandorkar (P.W. 1) took a sample of Linseed Oil from the accused-respondent. It was found to be adulterated by the Public Analyst, as per his report dated 3.11.1979, Ext. P 4.

(3.) The defence of the accused respondents was that the sample in question was purchased by them under warranty, Ext. D 1. It was claimed that they were, therefore, protected under section 19(2) of the Act.