MUNICIPAL COUNCIL, ALWAR Vs. GIRRAJ PRASAD

JUDGEMENT

(1.) The accused-respondent was acquitted by the learned Sessions Judge, Alwar vide his judgment dated 5-12-72 in a case under section 7/16(1) of the Prevention of Food Adulteration Act (Act No. 37 of 1974t (hereinafter referred to as the Act). Hence this appeal by the Municipal Council, Alwar.

(2.) Briefly stated, the case of the prosecution is that Shambhu Dutt (PW 1) was posted as Food Inspector on Sept. 29, 1966. On that day, he went to the business premises of M/s. Ganga Sahai Girraj Prashad, Kedalganj, Alwar, which deals in 'Deshi Ghee' also. At that time, Girraj Prasad accused-respondent was at the shop and Shambhu Dutt (PW 1), Food Inspector, purchased 450 Grams of 'Deshi Ghee' and paid its price Rs. 4.50 p. It was divided in three equal parts and was filled in clean bottles, each of which was wrapped, corked and sealed in accordance with the rules. One sample of 'Deshi Ghee' was sent to the Public Analyst who examined it vide its report (Ex. P. 3) and found as follows -

(3.) We have heard the learned Advocate for the Municipal Council, Alwar, and the learned Advocate for the accused-respondent. As it is an appeal against acquittal, we also granted an opportunity to the learned Advocate for the respondent to support the judgment of acquittal on any other ground.