MUNICIPAL COUNCIL, ALWAR Vs. PRADHUDAYAL

JUDGEMENT

(1.) This appeal has been filed by the Municipal Council, Alwar against the judgment of the Magistrate First Class, Alwar dated June 29, 1971, by which he acquitted accused Prabhu Dayal of the offence under clause (a) of sub-section (1) of Sec. 16 of the Prevention of Food Adulteration Act, 1954.

(2.) I have heard the arguments on behalf of the learned counsel for the appellant and seen the record. No one appears on behalf of the respondent,

(3.) The brief facts of the case are that Food Inspector Shambhu Datt P.W.l inspected the shop of the accused-respondent Prabhudayal in the town of Alwar on June 31, 1968 at 5.30 p.m. and purchased a sample of chilli powder and sent the same for chemical examination. The Public Analyst by his report Ex.P. 3 gave the opinion that it was adulterated. According to this report, the total has in the sample was 11.54 per cent, while it should not have been more than 8 percent and ash insoluble in Hydrochloric Acid was 5.62 per cent, while it should not have been more than 0.05 per cent. Thus, it was clear that the sample of chilli powder was in contravention of the standard shown in item No. A.05 05 01 of Appendix B attached to the Prevention of Food Adulteration Rules, 1955, and therefore, it was an adulterated article of food. The accused took the plea that the powder in question was not meant for sale and he had told the Inspector that the same had been put aside so as to send it home and if the Inspector wanted, he could take sample from the other stock of chillies in the same shop. The accused further stated that he had told this to the Food Inspector when he took the sample. He also stated that he made a note (in Urdu) to this effect at A to B in Ex.P.l and also in Ex. P.2 which are respectively the intimation (in Form VI) and the memo of the purchase of the sample.