M KBANERJI Vs. BAIJU LAL

JUDGEMENT

(1.) This appeal under Section 417(3) of the Code of Criminal Procedure is directed against the judgment and order of acquittal dated the 20th of July. 1965, passed bv Mr. A Ahad, Judicial Magistrate, 1st Class, Patna, in case No. 628 D B./64./Tr 228/65

(2.) In the above mentioned case respondent Baiju Lal was prosecuted for having committed an offence under Section 16(1) (a) of the Prevention of Food Adulteration Act, hereinafter referred to as "the Act" It was alleged by the prosecution that on the 14th of June, 1964. Ramji Prasad Sinha (P. W. 1), the Food Inspector, visited the shop of the respondent in village Manpura, police station Digha in the district of Patna and found him selling mustard oil. The Food Inspector took sample of the mustard oil, which was being sold by the respondent, and sent the same to the Public Analyst, Patna The Public Analyst on examination found the mustard oil adulterated with linseed oil and sent a report. Thereupon the Food Inspector submitted a report to the District Municipal Officer of Health and the latter sanctioned prosecution of the respondent. A prosecution report was ultimately filed by the District Medical Officer of Health in the court of the Subdivisional Magistrate, Sadar, Patna. The learned Subdivisional Magistrate took cognizance and thereafter the trial was held in the court of the judicial Magistrate.

(3.) The respondent denied the fact that he was selling mustard oil on the 14th of June, 1964, as alleged by the prosecution. He took the stand that he had actually no shop on the 14th of June, 1964.