MUNICIPAL COUNCIL, JAIPUR Vs. JAGDISH.

JUDGEMENT

(1.) This appeal has been preferred by the Municipal Council, Jaipur against the judgement of the learned Municipal Magistrate, First Class, Jaipur dated Jan. 22, 1976. I have heard arguments and perused the record. No one has appeared on behalf of the respondent.

(2.) The facts of this case are that the Food Inspector B. P. Mathur checked the respondent Jagdish while selling milk on 24.6.68 at 7.45 p.m. near Flag Circle opposite the University in Jaipur. He purchased the sample of the milk divided the same into three parts. Added requisite quantity of formalin and sealed the same in separate three bottles. One bottle was sent to the Public Analyst who reported that the fat contents in the sample were 3.6% the solids, non fat were 4.90%. The sample was considered to have been adulterated by reason of containing added water to the extent of 45%. Upon a complaint having been lodged, the accused was tried for the offence under Sec. 16(1) (a) (i) of the Prevention of Food Adulteration Act, 1954, but the learned Magistrate by his impugned judgement acquitted the respondent Jagdish of the said offence. Hence, this appeal.

(3.) The learned Magistrate held that the prosecution was able to establish ' that the Food Inspector purchased the sample of milk as alleged. It was also found adulterated. But he acquitted the accused on the ground that from the day the sample was purchased to the date of appearance of the accused, there has been a delay of nearly six months and this delay generated suspicion in the mind of the learned Magistrate. He also observed that the Food Inspector was corroborated only by his peon Bansilal P.W. 2 the other witness Sita Ram was also disbelieved because he has been assisting the Food Inspector as another in several other cases and he was under the influence of the Food Inspector, being a retail licensee. The learned Magistrate thought that in a case of similar type the High Court had acquitted some accused because the motbir had turned hostile and the Food Inspector and the peon were not considered reliable.