STATE OF RAJASTHAN Vs. UMASHANKAR

JUDGEMENT

(1.) The State of Rajasthan has preferred this appeal against the accused-respondent Umashankar resident or Bhilwara, who was acquitted by the First Class Magistrate, Bhilwara in Case No. 197/1970 by his order dated Sept. 15, 1970 for the offence under Sec. 7 read with 16 of the Prevention of Food Adulteration Act (hereinafter referred to as 'the Act').

(2.) The facts of the case according to the prosecution in brief are that on March 1, 1969 at about 7.15 a.m. Food Inspector Sardar Singh went to the shop of the accused Umashankar, who is a milk-vendor. A prescribed notice was given to the accused respondent and 666 ml. of milk was purchased from him, for which its price was paid to him. The purchased milk was divided into three equal portions and was filled in the bottles and 16 drops of formalin was added. The bottles were sealed and a Panchnama Ex. 2 to the same effect was prepared. One sealed bottle was sent to the Public Analyst at Jaipur for analysis along with the form No. 7 with the specimen seal impression, was also sent by the registered post to the Public Analyst. The Public Analyst examined and analysed the aforesaid sample sent to him and he found that this sample of milk was adulterated by the reason of its containing 27% of added water. This report is Ex. p/5. Sanction for prosecution was obtained and the accused was challenged to the Court of City Magistrate, Bhilwara and the case was later on transferred to the Court of First Class, Magistrate, Bhilwara.

(3.) Prosecution examined the Food Inspector, Sardar Singh P.W. I, Laxmi Chand P.W. 2 and Mohanlal P.W. 3 in support of its case. The respondent pleaded not guilty to the charge and examined the witnesses in his defence. The learned Magistrate held that the offence was not proved beyond reasonable doubt and acquitted the accused by his judgment dated Sept. 15, 1970.