STATE OF RAJASTHAN Vs. KACHAB

JUDGEMENT

(1.) THIS is an appeal preferred by the State of Rajasthan against the acquittal of Kachab respondent for the offence under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954, hereinafter referred to as the Act.

(2.) IT will not be out of place to mention that Kachab was tried for the aforesaid offence by the Municipal Magistrate, Jodhpur, and found guilty of selling adulterated milk of cow on Sept, 20, 1966, at 10. 30 a. m. near railway station octroi post, Jodhpur. The learned Municipal Magistrate convicted the respondent under Section 7 read with Section 16 of the Act and sentenced him to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1000/-, in default of payment of fine to further suffer rigorous imprisonment for three months, Aggrieved by his conviction and the sentence, the respondent filed an appeal in the court of the Sessions Judge, Jodhpur, who, transferred it to the court of the Additional Sessions Judge No. 2, Jodhpur, for disposal according to law. The Additional Sessions Judge No. 2 heard the appeal and came to a conclusion that the sampling of milk in the instant case was not carefully done by the Food Inspector, with the result that the sample failed to represent the milk to be tested. The Additional Sessions Judge No. 2, Jodhpur, therefore, recorded an order of acquittal of the respondent and accepted the appeal. As against this judgment of acquittal, the State has come up to this Court in appeal.

(3.) THE short facts which are relevant for the purposes of decision of this appeal are narrated as follows;-