THE STATE OF RAJASTHAN Vs. ASHARAPH

JUDGEMENT

(1.) Heard Mr. H.N. Calla, Public Prosecutor for the State and perused the judgment of acquittal passed in this case by the Munsiff and Judicial Magistrate, Parbatsar. Upon perusal of the judgment, I am satisfied that Ashraph non-petitioner was rightly acquitted of the offence under Sec. 7 read with 16(i)(b) of the Prevention of Food Adulteration Act. The prosecution could not prove beyond reasonable doubt that the non-petitioner deliberately prevented the Food Inspector from taking the sample of his milk. There is no "Evidence that the Food Inspector asked the non-petitioner to give a sample of his milk or he intimated the petitioner about his intention to take the sample. In the absence of such evidence, no conviction under Sec. 16(l)(b) of the Prevention of Food Adulteration Act was possible.

(2.) The application for leave to appeal filed by the State has no force and is hereby dismissed and the leave sought is refused. Application dismissed.