STATE OF RAJASTHAN Vs. RAJNIKANT

JUDGEMENT

(1.) The present appeal has been preferred by the State of Rajasthan under Sec. 378(4) of the Code of Criminal Procedure against the judgment and order dtd. 30/6/1999 passed in Criminal Case No. 465/1994 by the Court of Chief Judicial Magistrate, Dungarpur, whereby the accused-respondent Rajnikant son of Basant Lal Jain has been acquitted of the charge under Sec. 7/16 of the Prevention of Food Adulteration Act.

(2.) Briefly stated, the facts of the case are that the Food Inspector visited the shop of the accused-respondent situated at Fojka Badla, Dungarpur, where the accused was found dealing in food articles including mustard oil. It is alleged that a sample of mustard oil kept for sale was taken after compliance of requisite formalities, divided into parts, sealed and sent for chemical examination. Upon analysis, the Public Analyst reported the sample to be adulterated, whereafter sanction for prosecution was obtained and a complaint came to be filed against the accused-respondent for the offence under Sec. 7/16 of the Prevention of Food Adulteration Act.

(3.) The learned trial court, after recording evidence of the prosecution witnesses and considering the material available on record, acquitted the accused-respondent vide judgment dtd. 30/6/1999, primarily holding that the prosecution failed to establish compliance of essential procedural requirements and that the sample taken could not be said to be a representative sample of the commodity in question.