STATE OF RAJASTHAN Vs. JAGDISH PRASAD

JUDGEMENT

(1.) THE State of Rajasthan has preferred this appeal against the judgment dated 27. 4. 2000 passed by learned Chief Judicial Magistrate, Shahpura, Distt. Jaipur in Criminal Case No. 434/1993 (94/1983) by which the accused-respondent has been acquitted from the offence under Sections 7/16 of Prevention of Food Adulteration Act and Rule 50 of PFA Act.

(2.) BRIEF facts of the case are that Food Inspector Ramgopal Sharma PW. 1 on 13. 9. 1983 at about 10. 30 at Shahpura checked a accused-respondent who was on cycle with drum of milk due to adulteration in milk and he found adulterated milk. He prepared form No. 6 for sample of milk and purchased 660 ml. Milk and received a slip and filled the milk in three blank bottle in equal quantity and poured 18 drops of farming and sealed intact and sent it to public analyst. A fared checking prepared at the site, when the milk was found to be adulterated it sent to the office of CMHO Jaipur for prosecution where challan was filed, when all the supported documents were available on record but the learned Court without applying his mind acquitted accused respondent.

(3.) IN this appeal, it has been submitted by the learned Public Prosecutor that the learned trial Court has not considered the statements of the prosecution witnesses properly and without appreciating the prosecution witnesses acquitted the accused- respondent from the charge framed against him. He has further contended that the evidence of Food INspector sufficient to prove the case.