STATE OF RAJASTHAN Vs. SALAG RAM AND ANR.

JUDGEMENT

(1.) This appeal by the State has been filed against the judgment and order dated 26.4.1988 passed by learned Chief Judicial Magistrate, Jodhpur in Criminal Case No. 329 of 1979, whereby the accused-respondents have been acquitted of the charge under Sec. 7/16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act').

(2.) Briefly stated, the prosecution case is that on 24.9.1979 at about 11.30 AM, PW 1 Amritlal Solanki, Food Inspector, inspected the shop of accused-respondents where accused Salagram was sitting. The shop was of general merchant food articles. He purchased 375 gms of Til oil from a tin containing 12 kgs of Til oil after giving information under Form No. 6 (Ex.P/6) and after paying the cost thereof, receipt was obtained. The sample taken was divided into three equal parts and put in three bottles which were sealed at the spot. One of the bottles of sample so taken was sent for chemical examination to the Central Food Laboratory, Ghaziabad for examination. On analysis, the sample was found to be adulterated as it did not conform to the prescribed standards of purity.

(3.) After conducting usual investigation, a complaint was filed in the learned Trial Court, who framed charge under Sec. 7/16 of the Act against the accused-respondents. 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. No evidence was led in defence.