STATE Vs. MANAK CHAND

JUDGEMENT

(1.) This is an appeal by the State against the judgment dated 12-11-1976, passed by the Munsif and Judicial Magistrate, Merta whereby the respondent Manak Chand was acquitted of the offence under section 7/16 of the Prevention of Food Adulteration Act, 1954.

(2.) The prosecution case, in brief, is that the Food Inspector Shri Sitaram Sharma, visited the shop of the accused-respondent on 5-5-1968 and purchased a sample of 'Gur' for analysis in the presence of the 'motbirs'. The necessary formalities were completed in the presence of 'motbirs' and thereafter one of the sample bottles was sent to the Public Analyst, Jaipur, who on analysis found the 'Gur' to be adulterated. Then in pursuance of the authority of the Assistant Director of Health Services appointed as Local Authority he presented a complaint. The learned Magistrate tried the accused and acquitted him on the ground that it is not proved that Shri Sitaram was appointed as Food Inspector, as no notification regarding his appointment as Food Inspector published in Official Gazette was produced. He was also acquitted on the ground that no valid consent for prosecution was proved, as well as it is also not proved that the 'Gur' purchased for analysis was meant for human consumption and as such was not an article of food. Dissatisfied with the acquittal of the accused-respondent the State has preferred this appeal after obtaining leave.

(3.) I have heard the learned Public Prosecutor for the State and perused the record of the case.