LOCAL HEALTH AUTHORITY Vs. MEWA LAL

JUDGEMENT

(1.) THE Local Health Authority, Tonk, has preferred this appeal against the judgment dated 30th Jan., 1981, passed by the Sessions Judge, Tonk, whereby, it has accepted the appeal of respondent Mewalal, and set aside the judgment of conviction passed against him by the CJM, Tonk, vide his judgment dated 27th Jan., 1978.

(2.) ON a complaint of Food Inspector. Mani Shanker Sharma, respondent Mewalal was prosecuted for selling adulterated 'Gur' used for human consumption. On 29th Sept, 1979, the Food Inspector, after giving a notice to the accused -respondent, took some sample of 'Out' after paying. 90 paise for 600 gms. from Mewalal. The sample was then divided into 3 parts, kept in 3 bottles, sealed and one of the said bottles was sent to public analyst, for examination. The sample of 'Gur' was found by the public analyst, as adulterated. After obtaining necessary sanction from the District Magistrate, Mewalal was prosecuted for offence Under Section. 7/16 of the Prevention of Food Adulteration Act, 1954 (for short, 'the Act'). The contention of the accused -respondent was that the sample of 'Gur' which was taken by the Food Inspector, was not meant for human consumption, and that the 'Gur' was for animal consumption; and further that at the relevant time, the 'Gur' which was used for human consumption, was costing Rs. 3 -3.50 per kg. while that which was used for animal consumption, was being sold at Rs. 150 per kg. The sample of 600 gms. of 'Gur' was sold by the respondent at. 90 paise, which shows that the said 'Our' was not meant for human consumption, but for animal consumption.

(3.) AGGRIEVED by the judgment of the learned CJM. an appeal was preferred by Mewalal before the Sessions Judge, Tonk, who, vide his judgment dated 30th Jan., 1981, accepted the appeal, set aside the conviction and the sentence of respondent Mewalal and acquitted him of the charge levelled against him.