STATE OF MADHYA PRADESH Vs. BALARAM

JUDGEMENT

(1.) This is an appeal against acquittal against the judgment/order dated 1 10.1984 passed by the Chief Judicial Magistrate, Ujjain. in Criminal Case No. 445 of 1980, thereby acquitting the accused-respondent of offence punishable under section 7(1) read with section 16(1) of the Preventions of Food Adulteration Act (for short, 'the Act').

(2.) Prosecution case in brief was that on 9.1.19S0 at about 7.30 a.m. in village Chintaman Road, Ujjain, while the accused-respondent was carrying buffalo's Milk for sale, the Food Inspector purchased 660 milimeters of milk for the purpose of analysis and sent the sample for analysis to the Public Analyst. After going through all the necessary formalities, this sampled milk was found to be adulterated by the Public Analyst vide report, Ex. P/9.

(3.) Trial-Court has acquitted the accused on the grounds that the Food Inspector has not complied with the provisions of the Act and the Rules, that the accused respondent was not carrying milk for sale on the date sample was taken and that he is not a milk-vendor.