STATE OF RAJASTHAN Vs. NET RAM

JUDGEMENT

(1.) The instant State appeal has been filed by the State of Rajasthan under Sec. 378(iii) and (i) of the Crimial P.C. against the judgment dated 11.8.1992 passed by the Addl. Chief Judicial Magistrate, Raisinghnagar in Cr. Case No.25/85 offence under Sec. 7/16 PFA Act whereby the learned trial court acquitted the respondent from the charge levelled against him under Sec. 7/16 of the PFA Act.

(2.) As per the brief facts of the case on 20.9.1984 the Food Inspector took the sample of milk after purchasing from the respondent and same was preserved in 3 bottles and sealed. The papers were prepared and after obtaining the sanction filed complaint in the learned trial court for trail. The learned trial court after recording evidence finally acquitted the respondent from the charge levelled against him.

(3.) The instant cr. appeal has been filed by the State raising ground that judgment of the learned trial court is contrary to the facts and law, so also, on the ground that complaint was filed by the authorised Food Inspector for the offence committed in the area prescribed in the notification, but the learned trial court while presuming that the area is not notified and complainant Ramswaroop Sagar was not competent to inspect and file the complaint, therefore on this technical ground, acquitted the respondent from the charge levelled against him.