STATE OF M.P. Vs. SUGANCHAR

JUDGEMENT

(1.) The appellant State of M P. challenges acquittal of the respondent accused of offence under section 16 (1 )(a)( 1) of the Prevention Be Food Adulteration Act, 1954, by Judicial Magistrate First Class, Khategaon, District Dewas by his judgment dated 26.6.1984.

(2.) The prosecution story is that Amritlal (P.W. 1) Food and Sanitary tor, took sample in prescribed manner on 17.6.1981 from the respondent Kirana shop of biscuits. One sample was forwarded in prescribed Petitioner to Public Analyst, Bhopal, who as per report Ext. P/6 dated 7.7.1981 inter alia opined that alcoholic acidity of extracted fat was 2.71 per cent and to the sample does not conform to the standard prescribed under the P.F.A. Rules. The complaint was put up against the respondent and he pleaded not guilty to charge framed against him. In his examination and defence the respondent denied all the material allegations and examined. Vimalchand Patodi (P.W. 1) to prove that he had requisite licence. The learned Judicial Magistrate inter alia found that as the Public Analyst's report does not indicate that analysis was done by him in the manner prescribed in the rules, acquitted the respondent. Hence, this appeal.

(3.) Shri Pewnekar, learned Counsel for the appellant-State of M.P. has invited my attention to the relevant prescribed standard for biscuits including tie water biscuits in A. 18 07 as substituted by G.S.R. 109 (E), dated 26th Feb., 1983 (w.e.f. 27th Feb., 1983) which reads as under :