Prithvi Raj, J. - (1.) Respondent, Ram Kartar son of Ganga Ram was tried by Shri S.C. Ahuja, Judicial Magistrate 1st Class, Delhi, under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954 (hereinafter called 'the Act') on a complaint filed by the Municipal Corporation of Delhi, on the allegation that the two samples of cow's milk sold by him on 12th May, 1972, to Food Inspector Ram Singh and Food Inspector G.M. Mittal on analysis by the Public Analyst were found to be adulterated in that there was 20% deficiency in Milk Fat in both the samples. The trial Court by its judgment dated 30th November, 1972, found the respondent guilty and sentenced him to six months' rigorous imprisonment and a fine of Rs. 1,000/-; in default of payment of fine he was to undergo three months' rigorous imprisonment.
(2.) The respondent feeling aggrieved by his conviction and sentence filed an appeal in the Court of the Sessions Judge, Delhi. The appeal came to be heard by Shri R.K. Sinha, Additional Sessions Judge, Delhi, who by his impugned judgment dated 29th January, 1973, holding that the appellant was only a carrier of the milk from which the samples were taken and that the owners of the milk who were there, having slipped away, the respondent being left alone at the spot, had no option but to give samples of milk as demanded, giving him the benefit of the doubt, allowed the appeal and setting aside his conviction and sentence, acquitted the respondent.
(3.) The Municipal Corporation of Delhi challenges the correctness of the view taken by the learned Additional Sessions Judge, in this appeal.;