STATE Vs. LALCHAND

JUDGEMENT

(1.) By the Judgment dated March 4, 1980, the Chief Judicial Magistrate, Jalore, has acquitted the accused of the offence under Sec. 7/16 of the Prevention of Food Adulleration Act, 1954, (hereinafter referred to as the 'Act'). This appeal is directed against the said Judgment.

(2.) The case is more than 10 years old. It was on Sept. 16, 1978, that the Food Inspector Jalore, took sample of hard-boiled confectionery from the shop of the accused situated in Subash Market, Jolore. The sample was sent for analysis to the Public Analyst, Jodhpur. On examination, the Public Analyst found that the sample was adulterated as it contained non-permissible pink violet fluor scent basis coal-tar dye.

(3.) I have heard Mrs. Chandra Lekha Parihar, Public Prosecutor for the State and Shri Surendra Surana, counsel for the accused. The acquittal passed by the learned Chief Judicial Magistrate does not call for interference in this appeal. The Public Analyst in his report has not mentioned that he compared the seal on the outer cover of the container also with the specimen impression of the seal sent to him by the Food Inspector separately. Such defect in the prosecution has led to acquittals in number of cases. Reference in this connection may be made to - State of Rajasthan Vs. Mangoo ; State Vs. Ram Sahahi and State Vs. Naresh Chand. Accordingly, the appeal fails and it is hereby dismissed. Appeal dismissed.