STATE OF RAJASTHAN Vs. SHANKER LAL

JUDGEMENT

(1.) RESPONDENT Shanker Lal was tried for the offence Under Section 7/16 of the Prevention of Food Adulteration Act, 1954 (hereinafter to be referred as 'the Act') by the Chief Judicial Magistrate, Churu.

(2.) THE respondent was tried on a complaint lodged by the Food Inspector Mangilal (PW 1) who had checked his shop on January 29,1974. The Inspector purchased red chillis powder from the respondent and after observing necessary formalities sent the sample to public analyst for examination. As per report of the public analyst Ex. P. 6 the sample was found to be adulterated. Thereafter, complaint was filed in the Court of the Chief Judicial Magistrate, Churu was proceeded with the trial as stated earlier. The learned Magistrate held the red chillis powder to be 'condiment' and not a 'spice' and therefore, came to the conclusion that sending of 150 gms. of sample instead of 200 gms. was in contravention of Rule 22 of the Prevention of Food Adulterotion Rules, 1955 (hereinafter to be referred as 'the Rules'). In view of that finding, the learned Chief Judicial Magistrate acquitted the respondent of the charge.

(3.) I heard Mr. M.C. Bhati, learned Public Prosecutor for the State and Mr. S.R Singhi, learned Counsel for the accused respordent and carefully perused the record of the case.