STATE OF RAJASTHAN Vs. JAWARA

JUDGEMENT

(1.) This matter is listed today for disposal in the spirit of Lok Adalat.

(2.) This appeal has been filed by the State against the order dated 18.12.1993 whereby the Additional Chief Judicial Magistrate, Balotra has acquitted the accused respondent for the offence punishable under Section 7/16 of Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act of 1954').

(3.) Vide judgment dated 18.12.1993 passed in Criminal Case No.447/1989, the Additional Chief Judicial Magistrate, Balotra has acquitted the accused-respondent while holding that the prosecution has failed to comply with the provisions of Section 13(2) of the Act of 1954. The trial court has also observed that the Chief Medical and Health Officer, Barmer, Dr. P.R. Parihar (PW-4) has stated that he has granted prosecution sanction on 29.9.1989 whereas the prosecution sanction (Exhibit 15) is dated 19.9.1989. The trial court has also observed that the prosecution has failed to prove that before taking the sample of milk, the same was shaked and the prosecution has also failed to state that how much milk was purchased by it.