(1.) The (earned Chief Judicial Magistrate, Bharatpur acquitted the respondent for the offence under Sec. 7 read with Sec. 16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act) by his order dated 13.12.81. The State has preferred this appeal against the acquittal.
(2.) On Aug. 20th, 1979 Food Inspector Devi Singh (P.W.l) purchased 450 grams of pure ghee from the shop of M/s Mungaram Ramchand in Bharatpur and at the time of this purchase the person who sold the ghee was respondent Jagannath. Necessaiy forms were prepared, signatures were obtained and the ghee was divided in three bottled, wrest and sealed, so far there is no dispute between the parties.
(3.) This sample of ghee was sent to the public Analyse for examination and the report was received that the sample did not conform to the prescribed standard. Upon this, the Food Inspector filed a complaint and proceeding were started.