STATE Vs. JAGANNATH

JUDGEMENT

(1.) This appeal has come up for hearing after the expiry of period of more than 26 years from the date of occurrence. (13.03.1982). The State of Rajasthan has preferred this appeal against the judgment of acquittal dated 17.08.1990 passed by Chief Judicial Magistrate Jhalawar (hereinafter to be referred as 'the learned trial court') in Case No. 102/83, by which he acquitted the accused -respondent for the offence under Sec. 7/16 of Prevention of Food Adulteration Act.

(2.) In brief, the facts of the case are as under: - -

(3.) On 13.03.1982 at about 7.15 A.M., the Food Inspector Dr. C.M. Srivastava Dy. C.M.H.O., Jhalawar (PW -3) checked the accused -respondent Jagannath while selling milk on carrier of the bye cycle at Naka Surajpole in kasba Patan. The Food Inspector, Dr. C.M. Srivastava, purchased 660 Ml. Milk from the accused -respondent Jagannath. Sample of the milk taken and divided into three and further filled in three separate bottles and were also sealed. The said sample was found to be adulterated one. After getting the sanction the complaint was submitted before the trial Court.