STATE Vs. ARJUN DAS

JUDGEMENT

(1.) This appeal u/s. 378(iii) & (i) of Crimial P.C. has been filed against the judgment and order dated 20.7.1988 passed by learned Chief Judicial Magistrate, Jodhpur in Criminal Case No. 385/79 whereby the accused-respondent has been acquitted of the charge u/s. 7/16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act of 1954').

(2.) Briefly stated, the facts of the case are that on 4.10.1979 PW 1 Girish Narayan Mathur purchased 375 grams Soyabean Oil from the shop of accused- respondent situated near Vegetable Market, Ghantaghar, Jodhpur. The Soyabean oil purchased was divided into three parts and each part was filled in a bottle. The bottles were sealed and one of the bottles was .sent to Public Analyst, Jodhpur for examination alongwith Form No. 7 through Bheem Singh, Peon. The Public Analyst in his report Exhibit P/10 found that the sample was adulterated as it was an admixture of soyabean oil and til oil. On 5.10.1979, a complaint was filed in the Court of Chief Judicial Magistrate, Jodhpur and on 7.12.1979 a copy of the report of the Public Analyst was forwarded to the accused as required by R. 9-A of the Food Adulteration Rules, 1955 (hereinafter referred to as 'the Rues of 1955'). The accused- respondent, however, made no application to the trial Court for sending one of the samples to the laboratory for further analysis.

(3.) The learned trial Court framed charges against accused-respondent u/s. 7/16 of the Act of 1954. Accused denied the charges. During the course of trial, in support of its case, prosecution examined PW 1 Girish Narayan Mathur and PW 2 Shankarlal and tendered 16 documents in evidence. After close of the prosecution evidence, in the statement recorded u/s. 313, Crimial P.C. accused-respondent made a denial and in defence examined DW-1 Chandu.