STATE Vs. SUA LAL

JUDGEMENT

(1.) This is a State appeal against the judgment dated Sept. 30, 1977 passed by the learned Chit f Judicial Magistrate Sikar. Under the aforesaid judgment the learned Magistrate acquitted the offence under Sec. 7 read with Sec. 16 of the prevention of Food Adulteration Act, 1954 (for short, the Act).

(2.) In short, the case of the prosecution is that the accused has a shop in Jatiya Bazar Sikar under the name and style of Kanhaiyalal Sua lal and deals in Deshi-Ghee. On Sept. "3, 1975, the Food Inspector Shri Govindlal Mathur PW I took sample of pure ghee after paying its price Rs 9.90 for 450 gms ghee. He divided the same into three equal parts and one sample was sent to Public Analyst where the sample reached on Sept. 25 1975 and was analysed on Oct. 10, 1975 and was found to be adulterated as it did not conform the prescribed standard of purety A complaint was filed by the Food Inspector after getting sanction The accused respondent took the plea that ghee was not meant for sale and the sample was taken from Ghee which was mixed with butter.

(3.) A look at the judgment of the learned trial court will show that the accused-respondent has been acquitted on the ground of non-compliance with rule 18 Prevention of Food Adulteration Rules, 1955 (for short, the Rules). Rule 18 of the Pules reads as under: