STATE Vs. MADAN LAL

JUDGEMENT

(1.) THE State of Rajasthan has preferred this appeal against the judgment dated 25.8.2004 passed by learned Chief Judicial Magistrate, Sawai Madhopur (Rajasthan) (hereinafter to be referred as 'the learned trial court') in Criminal Case No. 414/2000 by which he acquitted the accused -respondent for the offence under Section 7/16 of the Prevention of Food Adulteration Act.

(2.) IN brief, the facts of the case are as under: Food Inspector Chotmal Sharma (PW. 1) has submitted a complaint against the accused -respondent on 9.8.2000 before the learned trial Court with this effect that on 1.4.2000 at about 10 A.M. on inspection he saw the accused respondent Madanlal selling the milk, he identified himself, the accused respondent having an iron drum in which he stated that there is 20 Kg. goat milk in it. He asked accused -respondent about licence of selling milk on which he stated that he is not having any licence. On suspect of adulteration, he paid the amount and purchased 750 M.L. milk and got receipt of the same. He divided the milk in three parts in three bottles and in each bottle he put 20 -20 drops of Formalin. Thereafter he sent one sample to the public analyst for checking the milk. After obtaining the report that milk is adulterated he filed this complaint.

(3.) THE charges were read over and explained to the accused -respondent who denied for the same and claim for trial.