STATE OF RAJASTHAN Vs. BANSHI LAL

JUDGEMENT

(1.) THIS State Appeal is directed against the judgment dated 31. 12. 1981 passed by the Chief Judicial Magistrate, Chittorgarh acquitting the accused respondent herein of offence under Sec. 7/16 of the Prevention of Food Adulteration Act.

(2.) THE brief facts of the case are that on 28. 10. 1975, Kailash Nath Food Inspector inspected the shop of the accused and produced a sample of Azawan from him which was meant for sell. THE sample was sent for chemical examination and it was found adulterated. After obtaining the necessary sanction, a complaint was filed in the Court of Chief Judicial Magistrate, Chittorgarh. THE learned Trial Court acquitted the accused-respondent on the ground that as per the prescribed standard under A. 05. 230 of the Food Adultration Rules, the insect must be visible by the naked eyes. THE relevant portion of the aforesaid item is as follows: " THE seeds shall be free from living insects, insect fragments and contamination visible to the eyes. "