NAGAR PARISHAD Vs. GANGA LAHARI

JUDGEMENT

(1.) THIS is an appeal by Municipal Council, Alwar against the judgment of Chief Judicial Magistrate, Alwar in criminal case No. 18/257/74 acquitting the respondent for offence under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954.

(2.) THE prosecution case is that on 11-6-1972 Food Inspector Hanuman Modi inspected the shop of accused in Munshi Bazar. He suspected adulteration in chillies and took samples. These samples were put in three bottles and sealed. One bottle was given to the accused and was sent for public analysis. According to the report of Public Analyst Ex. P. 3 it was found that the chillies were adulterated.

(3.) IN support of the case the prosecution examined P. W. 1 Hanuman Modi and P. W. 2 Omprakash and P. W. 3 Kuldeep Kumar. The accused denied the taking of the sample and produced D. W. 1 Bhagwan Das and D. W. 2 Yograi Dixit. The trial court considered the evidence produced by the parties and found that the sample was taken from the accused. It was also found that Omprakash and Kuldeep Kumar were hostile witnesses. On ulterior discussion of the entire evidence a finding was given that even though the two witnesses P. W. 2 and P. W. 3 have become hostile, but they have admitted that the sample was taken although they cannot say what was the material. Relying upon the statement of the Food Inspector, the trial court held that a sample of chillies was taken from the accused.