STATE OF RAJASTHAN Vs. BHAKAR RAM

JUDGEMENT

(1.) This is an appeal against the order of acquittal recorded by the Judicial Magistrate 1st Class, Jodhpur, dated June 25, 1977 in a case under section 7/16 of the Prevention of Food Adulteration Act.

(2.) The prosecution case was that on April 29, 1972 accused was selling milk near Chandpole, Jodhpur. At that time Chhitar Singh, Food Inspector, took a sample of the milk he was selling, by purchasing from the accused on payment. This sample was sent to the Public Analyst, who after analysis found it to be adulterated as it did not qualify to the minimum standard prescribed in the Prevention of Food Adulteration Rules. After obtaining necessary sanction a complaint was filed in the court of Muns if Magistrate, Jodhpur, where the prosecution examined two witnesses in support of its case. Accused denied that he carries the business of selling milk. The learned trial court found everything in favour of the prosecution but acquitted the accused on the ground that the milk was adulterated only to the extent of 0.04% which was negligible and as such error could have been crept into even while analysing.

(3.) Learned counsel for the State submits that the reasoning given by acquittal is not logical and goes contrary to the provisions of law. It is submitted that once the legislature has fixed the standard and if the sample is not found up to the prescribed standard the court has no jurisdiction to substitute its own findings and whatever negligent may be, adulteration in the sample comes within the definition of adulterated food as defined under the Act.