STATE OF RAJASTHAN Vs. MUKANA RAM

JUDGEMENT

(1.) MUKANNA Ram, the accused -respondent, has been acquitted by the trial court for offence under Section 7/16 of the Prevention of Food Adulteration Act. The State of Rajasthan has filed this Appeal. Dr. Bhandawat submits that Rule 9(i) of the Prevention of Food Adulteration Rules, 1955 is directory as held in Shakoor v. The State of Rajasthan 1977 RLW 29 and therefore since the acquittal is based only on this ground, the accused should be convicted.

(2.) IT appears that Mukana Ram was selling milk on 8 -11 -1974 and sample of milk was taken by the Food Inspector and it has been found to be adulterated by the trial court.

(3.) PW 1 Shivdutt has stated that on November 30, 1974, the copy of the report was handed over personally.