ADMINISTRATOR MUNICIPAL BOARD GANGAPUR CITY. Vs. RAMJILAL

JUDGEMENT

(1.) In this appeal the judgment of Munsif and Judicial Magistrate, I class, Gangapur City, in Criminal Case No. 757/1974, by which Ramjilal accused was acquitted for the offence under Sec. 7/16 of the Prevention of Food Adulteration Act, has been challenged.

(2.) According to the prosecution, the Food Inspector, Gangapur City, took sample of milk from the accused at his shop in the morning at 8 a. m. The quantity of milk was 10 kg. After the sample was taken the same was sent for chemical analysis. According to the report of the Chief Public Analyst, Jaipur, it has been found that this milk was adulterated.

(3.) In order to prove the guilt against the accused, the prosecution examined the Food Inspector, P. W. I and two motbirs. P.W. 1 S. L. Santoshi is the Inspector. He stated that in Bhagola, there was about 10 kilos of milk. He gave notice Ex. P. 1 and took the sample by purchasing milk. P.W. 2 Babulal was declared hostile but he also admitted that sample was taken from the milk of accused from a Bhagola. P.W. 3 Hatilal has also corroborated this case of the prosecution.