STATE OF RAJASTHAN Vs. HANSA RAM

JUDGEMENT

(1.) THIS appeal has been filed on behalf of the State against the order of the learned Sub-Divisional Magistrate, Sirohi dated 8-7-1971, whereby the accused respondent was acquitted of the charges under Section 7/16 of the Prevention of Food Adulteration Act (hereinafter referred to as the Act ).

(2.) THE facts of the case, in brief, are that on 27-10-1966, at about 1 p. m. , the Food Inspector, Sirohi Shri Himmat Chand purchased a sample of grinded "haldi" from the shop of the accused which was kept by him in the shop for open sale. The "haldi" so purchased was sealed in three bottles in the presence of motbir Prabhu Lai P. W. 2. Before purchasing the "haldi", the Food Inspector gave notice Ex. P-l in Form No. VI, and purchased the same vide receipt Ex. P-2 for. 84 P, A seizure memo Ex. P-3 was prepared and signed by the motbir Prabhu Lai P. W. 2. One sealed bottle was handed over to the accused-respondent. Another sealed bottle was sent by the Food Inspector to the Public Analyst vide Ex. P-4. The report of the Public Analyst Ex. P-5 was received, wherein it was stated that the "haldi" was adulterated by adding foreign material. The learned Magistrate acquitted the accused as he was of the opinion that the prosecution has failed to produce the sample of the "haldi" which was taken in possession by the Food Inspector. He was also of the opinion that two motbirs could be easily procured from the market of Sheoganj where the shop of the accused was situated. The sample was sent with a great delay resulting in prejudice to the accused, was the other ground which appealed the learned Magistrate.

(3.) THE prosecution examined P. W. 1 Himmat Chand, the Food Inspector and P. W. 2 Prabhu Lai, the motbir. In support of the prosecution Exhibits P-l to P-6 were also produced.