MUNICIPAL COUNCIL JAIPUR Vs. SEWAN DAS

JUDGEMENT

(1.) THIS is an appeal by the Municipal Council, Jaipur, against the order of the Additional Sessions Judge, Jaipur City, acquitting Sewan Das, respondent, of an offence under Section 7/16 of the Prevention of Food Adulteration Act 1954. The respondent was convicted by the Magistrate and was sentenced to rigorous imprisonment , for two years and to pay a fine of Es. 2,000/- only. He had earlier been convicted of the same offence and sentenced to pay a fine of Rs. 200/only.

(2.) ON 3-10-1963 the Food Inspector called upon the respondent, who is a milk vendor, to sell milk to him. The Food Inspector paid 37 Paise as price of the milk. He then filled this milk in 3 bottles and sent one of them for analysis to the Chief Public Analyst. This milk was found to be adulterated by reason of its containing about 13% of added water.

(3.) THE Food Inspector was authorised by a general order of the Municipal Council, Jaipur, under Section 20 of the Prevention of Food Adulteration Act, 1954 to institute prosecutions for offences under the Prevention of Food Adulteration Act, 1954, and the Rules made thereunder. This general order is published in the Rajasthan Rajpatra dated 12-9-1963, at page 109 under Notification No. D. 972 H. S. dated Jaipur July 24, 1963. Amongst the persons authorised was Shri Abhinandan Prasad Goyal, Food Inspector, on whose complaint the respondent was prosecuted. The learned Magistrate who tried the case was satisfied that the sample of milk sent to the Public Analyst was duly purchased from the respondent and this was not disputed before the learned Additional Sessions Judge. This is sufficiently proved by the evidence on record.