STATE Vs. LOONKARAN

JUDGEMENT

(1.) This appeal arises on leave granted by this Court on Aug. 31, 1988, against the judgment, dated June 6, 1987, of the Additional Sessions Judge, Barmer, acquitting the accused of the offence under Sec. 7/16 of the Prevention of Food Adulteration Act, 1954.

(2.) A sample of refined palm oil was taken from the shop of M/s. Suraj Mal Mangi Lal, situate in Nehru Nagar, Barmer, by Prem Chand Harsh, Food Inspector, Barmer, on Aug. 10, 1984. The sample was sent for chemical examination to the Public Analyst, Jaipur. It was found to be adulterated as it did not conform to the prescribed standard. The accused was challaned in the Court of the Chief Judicial Magistrate, Barmer, who, after trial, convicted the accused for offence under Sec. 7/16 of the Act to six month's rigorous imprisonment and a fine of Rs. 1000.00 and in default of payment of fine to three months' further rigorous imprisonment. Aggrieved, the accused preferred an appeal before the Additional Sessions Judge. The Additional Sessions Judge, by the judgment, dated June 6, 1987, acquitted the accused, as aforesaid.

(3.) The principal ground, on which the Additional Sessions Judge has acquitted the accused, was that the complaint in the Court was filed by the Assistant Public Prosecutor and not by the Food Inspector. This, according to the learned Additional Sessions Judge, vitiated the trial as it was contrary to the various decisions of this Court.