STATE OF RAJASTHAN Vs. NOPARAM

JUDGEMENT

(1.) This appeal has been filed by the State under Sec. 378 (i) of the Code of Criminal Procedure, 1973, against the judgment dated 13th July, 1976 passed by the chief Judicial Magistrate, Nagpur in Criminal case No. 1007/1974. By its judgment aforesaid, the Chief Judicial Magistrate acquitted the respondent of the charge under Sec. 7/16 (1) (a) of the Prevention of Food Adulteration Act, 1954, (hereinafter referred to as the Act) on the ground that there had been non compliance with the provisions of Rule 22 of the Prevention of Food Adulteration Rules 1955, (herein-after referred to as the Rules) in the matter of the quantity of sample sent by the Food Inspector to the public Analyst.

(2.) The facts, briefly stated, are that on 23rd July, 1976, Shri Hari Kishan Vishnoi (PW/1) the Food Inspector, purchased 450 gms. of Ghee by way of sample from the respondent Noparam after paying a sum of Rs. 7 25, and issued a receipt for the same in favour of respondent. The said sample was divided into three equal parts and which were put into three bottles which were duly labelled and sealed. One of these bottles was delivered to the respondent and a receipt was obtained from him,, the second bottle was sent to the Public Analyst Jodhpur, and the third bottle was retained by the Food Inspector. According to the report (Ex. P.4) of the Public Analyst, the sample of Ghee was found to be adulterated and thereupon, after obtaining the consent of the Administrator, Municipal Board, Ladnu the Food Inspector filed a complaint against the respondent in the court of Munsif & Judicial Magistrate 1st Class, Deedwana. The case was subsequently transferred to the court of Chief Judicial Magistrate, Nagpur.

(3.) In support of its case, the prosecution examined Shri Hari Kishan Vishnoi (PW/1), the Food Inspector and Jagdish (PW/2) who is an attesting witness to the memo (Ex. P. 2) which was prepared by the Food Inspector at the time of taking the sample of the Ghee from the respondent. The prosecution, in support of its case, has produced Form VI (Ex. P. 1) prepared by the Food Inspector on 23rd April, 1974 Ex. P. 1, the Memo (Ex. P. 2) prepared by the Food Inspector on 23rd April, 1974, the memorandum (Ex. P. 3) in form VII dated 30th April, 1974 sent by the Food Inspector to the Public Analyst, the report (Ex. P. 4) of the Public Analyst and the order (Ex.P. 5) passed by the Administrator Municipal Board, Ladnu giving his consent for the filing of the complaint under Sec. 16 of the Prevention of Food Adulteration Act against the respondent. The respondent in his statement recorded under Sec. 313 Cr. P.O. has stated that the Food Inspector had purchased 330 gms. of Ghee by way of sample of examination from him after paying Rs. 7.25 and the said Ghee was filled in three bottles which were duly sealed and that his signatures were obtained. The respondent has, however, claimed that the ghee which was sold by him to the Food Inspector was not adulterated.