MUNICIPAL COUNCIL, JAMMU Vs. GH ALI

JUDGEMENT

(1.) AFTER obtaining special leave from this court by its order dated: i5 -3 -1983, this acquittal appeal has been preferred by the Municipal Council, Jammu; "here -in -after referred to as the complainant" against the order of acquittal to have been passed by learned Special Municipal Magistrate. Jammu, dated: 26 -12 -1988, whereby the respondent Ghulam Ali here -in after referred to as the accused" was acquitted of an offence Under Section1 4/16 of the Prevention of Food Adulteration Act 1974, "herein -after called the Act" for the learned trial Magistrate had observed that the report of the public Analyst was not furnished to the accused as envisaged under the provisions of Section 13 (2) of the Act, enabling him to move the court within period of ten days from the date of receipt of a copy of the report, to get the sample of milk seized from the accused and lying with the Local Health Authority, analysed by the Central Food Laboratory, if so desired by him.

(2.) THE prosecution case shortly relates that the Food Inspector Dharma Pal Anand purchased a sample of milk from the accused near Shahidi Chowk, Jammu, while he had brought milk for sale, according to the procedure prescribed by law, after he disclosed his identity to the accused. He purchased 750 grams of milk for Rs. 1. 50 for analysis, and put it into three dry and clean bottles and then sealed the same, and sent one scaled bottle to the Public Analyst, Jammu by hand ana retained two sealed bottles of sample of milk with the Local Health Authority.

(3.) AFTER the report of the public Analyst was received and the sample of milk so purchased from the accused was found adulterated, the accused was prosecuted in the Court of Special Municipal Magistrate Jammu. The accused was tried in accordance with law by the said Magistrate, and, on completion of the trial, the trial court acquitted the accused on the ground that the prosecution had not complied with the provisions of Section 13 (2) of the Act, and, therefore, found that no case was made against the accused and acquitted him.