DISTRICT BOARD DARBHANGA Vs. JHONTI MANDAL

JUDGEMENT

(1.) This appeal is directed against the order dated the 29th June, 1976, passed by Shree S. S. P. Verma, Judicial Magistrate, First Class, Darbhanga, in Case No. 1577 of 1976/ Tr. No. 1036 of 1976, by which the learned Judicial Magistrate has acquitted the accused -respondent of the charge under Sec. 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act).

(2.) The prosecution case, in short, is that on the 22nd December, 1969, Dr. T. N. Jha (P.W. 2) visited the shop of the accused -respondent at Village Nari, Police Station Biraul, District Darbhanga, where he was carrying on business of sale of food articles. Dr. Jha, after disclosing his identity as the Food' Inspector, informed the accused -respondent that he was purchasing mustard oil for analysis, and 6 Chhataks of mustard oil was purchased, which was poured 'into three bottles, After sealing the bottles, one was given to the accused -respondent, the second was kept by the Food Inspector and the third was sent to the Public Analyst to the Government of Bihar. The report of the Public Analyst showed that the mustard oil sample of the shop of the accused respondent was highly adulterated with linseed oil. After receipt of the report of the Public Analyst, the Food Inspector filed a complaint on the 29th July, 1970, against the Food Inspector filed a complaint on the 29th July, 1970, against the accused -respondent before the Subdivisional Magistrate, Darbhanga, who took cognizance of the case and transferred the same to the file' of another Magistrate for disposal,

(3.) The prosecution had examined two witnesses. P.W. 1 was the driver of the Food Inspector, and P.W. 2 was the Food Inspector himself. After examination of the two witnesses the case of the prosecution was closed and the learned Magistrate acquitted the accused -respondent, by his order dated the 29th June, 1976, as already stated.