STATE Vs. SITA RAM

JUDGEMENT

(1.) This State appeal has been filed under Sec. 378(iii) & (i) of the Code Criminal Procedure against the judgment and order dated 4.6.1988 passed by Civil Judge and Additional Chief Judicial Magistrate, Pratapgarh in Criminal Case No. 1854/83 whereby the accused respondent has been acquitted of the charge under Sec. 7/16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act'). The leave to appeal in this matter was granted on 31.10.1988.

(2.) Briefly stated, the prosecution case is that on 9.6.1983, PW1 Sardar Singh, Food Inspector, reached to the Ice Factory of accused Sita Ram and in presence of witnesses Nathuram and Gopal Tailor, purchased sample of Ice-candy weighing 900 grams informing the accused Sita Ram. The sample was divided into three equal parts and put in three bottles, sealed them at the spot. One of the bottles of sample so taken was sent for chemical examination to the Public Health Laboratory, Udaipur for examination. On analysis, the sample was not found to be adulterated as it did not conform to the prescribed standards of purity. Thereafter, after taking permission from the Chief Medical Health Officer, Chittorgarh, prosecution was launched against the accused respondent.

(3.) After conducting usual investigation, a challan was filed in the learned trial court, who framed charge under Sec. 7/16 of the Act against the accused-appellant. The accused denied the charge and claimed trial. The prosecution has examined as many as three witnesses and tendered some documents in evidence to support its case.