STATE OF RAJASTHAN Vs. SHANTI LAL

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 26th October, 1978, of the Chief Judicial Magistrate, Doongar Pur, acquitting the accused respondent for the offence under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act, 1954, hereinafter referred to as 'the Act'.

(2.) A sample of Turmeric (Haldi) was taken by the Food Inspector, District Doongarpur from the shop of the respondent on December 17, 1975. On examination by the Public Analyst, the sample was found to be adulterated as it was heavily damaged by insects, although no insects were found present in the sample. The Chief Judicial Magistrate has acquitted the respondents on the ground that the prosecution failed to establish that the article was un -fit for human consumption.

(3.) I am not inclined to interfere with the order of acquittal passed by the learned Chief Judicial Magistrate now after 13 years of the occurrence. There is no substance in the appeal and the same is accordingly dismissed here by.