MUNICIPALITY Vs. GLACIERS COLD STORAGE AND ICE MILL

JUDGEMENT

(1.) HAVING obtained leave to file an appeal against the acquittal of the respondents under Section 417 Cr. P. C. , the Municipality Jammu, has filed this appeal against an order of acquittal passed by the learned Munsiff Magistrate, First Class Jammu dated 27th December, 1972, whereby the respondents were acquitted of the charges under Section 7/16 of the Prevention of Food Adulteration Act.

(2.) BRIEFLY stated the prosecution case against the respondents is that the Food Inspector of the Municipality, Jammu, on 8th June, 1971, inspected Glacier Cold Storage and Ice Mill, Canal Road, Jammu. Respondent Nos. 2 and 3 were the proprietor and manager of the firm, respondent No. 1, respectively. Respondent No. 1 is engaged in the business of manufacturing Ice. The Pood Inspector demanded a sample of ice from one of the ice slabs (there were 200 Ice slabs in the Ice Mill) by giving notice in form No. 4, prescribed under the Prevention of Pood Adulteration Act (hereinafter called the Act) and purchased one kilogram of Ice for 8 No. from respondent No. 3. Ice was divided into three equal parts and secured in clean dry bottles which were properly closed with stoppers and sealed. One of the sealed bottles was handed over to respondent No. 3, against a proper receipt, while the second sealed bottle was sent to the Public Analyst, Jammu together with a memorandum in Form 6 and the specimen impression of the seal used to seal the sample bottles. The sample of ice had been taken in presence of Anayat Masih and Kaka Ram P. Ws. The Public Analyst, Jammu reported "presumptive coliform test. . . . Coliform organism were found in 33 ml. and am of the opinion that the sample does not fall within the category of usable water". A challan was accordingly filed against the accused persons.

(3.) THE learned Munsiff Judicial Magistrate Ist Class acquitted the respondents on the ground that ice was not an article of 'food' as defined in the Act and as such the respondents had committed no offence under the Act.