STATE Vs. MOTI LAL

JUDGEMENT

(1.) This State-appeal arises out of the judgment of the acquittal dated March 13, 1978, passed by the Chief Judicial Magistrate, Jhalawar, acquitting the respondent of the offence under Sec. 7/16 of the Prevention of Food Adulteration Act, 1954, (in short, 'the Act').

(2.) The case as made out against the respondent by the Food Inspector, Aklera, (PW 1) was that on Oct. 14, 1976, he purchased 660 Ml milk from the respondent, Motilal, on a consideration of Rs. 1.25p. after giving a prescribed notice (Ex. P. 1), and a receipt of Rs. 1.25p. (Ex. P. 2) was also given to the respondent; that, the milk purchased was divided in three equal parts, and after adding 18 drops of formalin in each bottle, sealed the milk in three clean and dry bottles-out of which, one bottle was sent for analysis purposes to the Public Analyst who opined vide Ex.P 6, that the sample was adulterated by reason of its containing about 42% of added water. After completion of the required formalities of sampling and obtaining the report of Public Analyst, the necessary sanction for prosecution of the respondent was obtained, and the complaint was presented in the Court of the Chief Judicial Magistrate, Jhalawar, who framed the charges against the respondent, and then recorded the evidence of the prosecution and the respondent. The respondent was examined under Sec. 313, Cr.P.C, but he denied the allegations levelled against him by the prosecution.

(3.) The respondent had moved an application before the trial Court for weighing the sample milk which was given to the accused. The learned trial Court got the sample weighed in Court through the Food Inspector where upon, the weight of sample milk was found to be 300 ml. On this reading of the weight the learned trial Court concluded that the milk which was sent for analysis to the Public Analyst was not more than 60 ml. and in this view of the matter, the sample which was sent to the Public Analyst was in contravention of Rule 22 of the Prevention of Food Adulteration Rules, 1955, (in short, 'the PFA Rules'); in support of the aforesaid finding and conclusion, the learned trial Court placed reliance on the decision of this Court reported in 1977 Cr. L.R. Rajasthan p. 592 and then acquitted the respondent. Hence this appeal.