STATE OF ASSAM Vs. SANKARLAL SARMA AND ANOTHER

JUDGEMENT

(1.) The Government of Assam herein appeals against the acquittal of the two respondents, namely, Sankarlal Sarma and Mangilal Chaudhury of charges under section 7 of the Prevention of Food Adulteration Act, hereinafter called 'the Act'.

(2.) On 18.12 1977 the Area Food Inspector, P.W. 1. entered the premises of M/s. New Rice and Oil Mill, Raha and collected samples of mustard oil, which the Public Analyst found to have not confirmed to the prescribed standard of mustard oil as its saponification value stood at178.65% while the standard was 177%. Respondent Sankarlal Sarma was prosecuted as the vendor and Biswanath Kedia, respondent Mangilal Choudhury and Bhagirathi Devi were prosecuted as partners of that firm. Bhagirathi Devi and Biswanath Kedia died during pendency of the trial which proceeded against the instant respondents.

(3.) At the trial the prosecution examined while the defence examined one witness. On the basis of the evidence on record the trial Court having acquitted the respondents, the State now appeals.