STATE OF RAJASTHAN Vs. MEGA

JUDGEMENT

(1.) THIS appeal has been filed by the State of Rajasthan against the judgment and order dated 31. 12. 86 passed by the Learned Chief Judicial Magistrate, Chittorgarh in Cr. Case No. 115/84 by which he acquitted the accused respondent for offence under Sec. 7/16 of the Prevention of Food Adulteration Act, 1954.

(2.) THIS appeal arises in the following circumstances : (i) P. W. 1 Shankar Lal filed a complaint on 19. 3. 84 in the court of Chief Judicial Magistrate Chittorgarh alleging that on 4. 10. 83 while patroling the area near Bus-stand, Bhadsora, he saw accused respondent having milk and thereafter PW. 1 Shankar Lal, Food Inspector disclosed his identity to the accused respondent and asked him to give a sample of the milk found with him. The respondent agreed to give sample of the milk. The Food Inspector Shankar Lal (PW. 1) thereupon purchased 660 ml. milk from the respondent for consideration of Rs. 1. 60/- and divided it into 3 equal parts and filled each part in a dry and clean bottle after adding 18 drops of formalin thereto. The bottles containing samples were then corked and sealed properly in the presence of motbirs. The fard of taking sample was prepared and the same is Ex. P/3.

(3.) AFTER conclusion of the trial, the learned trial Magistrate acquitted the accused respondent through his judgment and order dated 31. 12. 86 on three grounds and one of the grounds was that when the sample was taken by P. W. 1 Shankar Lal, the accused respondent was not selling the milk and he was carrying the milk for the purpose of giving it to D. W. 1 Roshan Lal Mahajan.