MUNICIPAL COUNCIL JAIPUR Vs. BHANWARLAL

JUDGEMENT

(1.) MUNICIPAL Council, Jaipur, has filed this appeal against the judgment of the MUNICIPAL Magistrate First Glass Court No. 2, Jaipur dated 3rd July, 1969 whereby respondent Bhanwarlal milk vendor was acquitted of the charge under sec. 16 read with sec. 7 of the Prevention of Food Adulteration Act (hereinafter called the Act ).

(2.) ON the 13th of May, 1966, at about 8. 30 a. m. the Food Inspector took from the respondent sample of milk after conforming to the formalities enjoined by the Act and added 16 drops of formalin in each of the three bottles in which the sample was divided. After the sample was examined by the Chief Public Analyst and was found deficient a complaint was lodged against the respondent in the court of the Municipal Magistrate on 17th of November, 1966. The accused surrendered himself before the Court on 19th of December, 1966. The learned Magistrate, on the basis of the prosecution evidence, found that the milk contained 42% of water and that 3% of the original fat was taken out of it and, therefore, it did not conform to the prescribed standard of the milk, but acquitted the accused-respondent on the ground that by taking proceedings against the accused after 4i months the accused was deprived of his value-able right u/s. 13 (2) of the Act, and therefore, conviction could not be ordered because of the delay in taking the matter to the court.

(3.) THE appeal is, therefore, allowed, the order of acquittal passed by the Municipal Magistrate First Class, Jaipur is set aside and the respondent is convicted for an offence under sec. 16 read with sec. 7 of the Act and he is sentenced to one year's rigorous imprisonment and a fine of Rs. 500/- or in default to further undergo three months' rigorous imprisonment. .