STATE Vs. DEVARAM

JUDGEMENT

(1.) By the Judgment dated 26.11.1979 the Munsif and Judicial Magistrate. First Class, Desuri, has acquitted the accused for the offence under Sec. 7/16 of the Prevention of Food Adulteration Act, 1954 (hereinafter called as the 'Act'). This appeal is preferred against the said judgment.

(2.) The case is more than 13 years old. It was on 29-11-1975 that Sanwal Singh. Food Inspector, took a sample of mixed-milk from the accused and sent it for chemical examination. On Chemical examination it was found to be adulterated. The learned Magistrate has acquitted the accused on the ground that there was non-compliance of rule 9 (j) of the rules framed under the Act.

(3.) I have heard Shri S.S. Vyas, Public Prosecutor for the State and Shri P.N. Mohanani counsel for the accused Respondent. Rule 9(j) was in force. Before its omission on Jan. 4, 1977, Rule 9 j) prescribed one of the duties of the Food Inspector to send by hand or registered post a copy of the report received from the Public Analyst to the accused if it was found not to conform to the standard prescribed under the Rules. In the present case, the learned Public Prosecutor was unable to show that the requirements of this rules were complied with.