STATE OF RAJASTHAN Vs. LAXMI NARAIN AND ANR.

JUDGEMENT

(1.) Heard the learned Public Prosecutor. This criminal appeal has been filed by the State of Rajasthan against the judgment dated 22.05.1993 passed by Chief Judicial Magistrate, Bikaner in Criminal Case No. 298/92 whereby, learned Chief Judicial Magistrate has acquitted the accused respondents for the charges levelled against them under Section 7/16(a)(1) of Prevention of Food Adulteration Act.

(2.) As per brief facts of the case, on 28.08.92, the Food Inspector inspected the shop of the respondent Laxmi Narayan and took sample of Ghee from the shop of respondent in presence of Chief Medical and Health Officer, City Magistrate and officers of Commercial Taxes Officer. The Food Inspector took sample of Ghee and sealed in three different bottles. Thereafter, upon chemical examination of sample, the same was found to be adulterated and therefore, trial proceeded against the appellant and charges were levelled against the appellant for offence under Section 7 read with Section 16(1)(a) of P.F. Act. The accused respondent in his statement under Section 313 Cr.P.C. denied the allegation levelled against him however, no evidence was produced in his defence.

(3.) At the conclusion of the trial, the learned trial Court vide judgment dated 22.05.1993 acquitted the accused-respondent for offence under Section 7 read with Section 16(1)(a) of P.F. Act on the ground that prosecution has failed to bring home the charges against the appellants beyond reasonable doubt.