STATE OF ORISSA Vs. BHAG CHAND

JUDGEMENT

(1.) This appeal is preferred by the State of Orissa against the judgment of the Judicial Magistrate, First Class, Rayagada, acquitting the accused-respondent of the charge under Section 16 (1-A) (a) (i) of the invention of Food Adulteration Act (hereinafter referred to as the Act)

(2.) The gist of the prosecution case is that on 8-4-1982 at 6.30 P.M. the Food Inspector inspected the grocery shop of the accused respondent and on suspicion that the mustard oil kept by hill for sale was adulterated, took samples of the same in clean dry glass bottles and sent one such Sample to the Public Analyst and the Public Analyst found the sample of the mustard oil to be adulterated and, therefore, by the sale of such adulterated mustard oil, the accused-respondent committed an offence under Section 16(1) (a) (i) read with Section 7(1) of the Act.

(3.) The accused pleaded that he was not guilty of the charge levelled against him. D.W. 1 was examined by the accused.