(1.) THIS is a reference by the learned Session Judge, Bharatpur under sec. 48 of the Bharatpur Municipalities Act. The allegation against the accused Ram Chandra was that one Badansingh went to his shop on the 4th August, 1951 to purchase Ghee from him. The accused showed him some Ghee and demanded Rs.5/- per seer as its price, Badansingh however, suspected the Ghee was not pure and therefore, he did not purchase it but went to the Municipal Board and reported the matter. Mr. Kesheodeo of the Municipal Board went to the spot, took a sample of Ghee in three sealed phials; one of which was handed over to the accused, the other was sent to the Municipal Board and the third was sent to the Chemical Analyst for chemical examination. The Chemical Examiner reported that the Ghee was adulterated and consequently, the accused was arrested.
(2.) THE accused pleaded that he had purchased the Ghee from the bazar and it was pure. THE learned Magistrate was however, satisfied that the accused was guilty under sec. 48 of the Municipalities Act sentence-ed him to a fine of Rs 40/-.