ADMINISTRATOR MUNICIPAL BOARD Vs. OM PRAKASH

JUDGEMENT

(1.) THIS is a criminal appeal under Section 378 (4), Cr. P. C. against the order of acquittal passed by the Munsif and Judicial Magistrate. First Class, Gangapur City, dated the 31st Jan. , 1976, acquitting the respondent-accused for the offence under Section 7/16 of the Prevention of Food Adulteration Act.

(2.) THE facts as alleged by the complainant are as under: On 6-5-1974 the Food Inspector of the appellant-Board took sample of milk from the hotel of the respondent-accused and after preparing the necessary documents, sent the sample to the Chief Public Analyst, Rajasthan and according to the report of the Chief Public Analyst, the sample was adulterated as there was 33% added water.

(3.) AFTER receipt of the report, the complaint was filed by the appellant who is a public servant against the respondent, The respondent pleaded that the milk was not meant for sale as milk, but was kept in the hotel for preparation of tea only.