STATE OF RAJASTHAN Vs. NARAIN

JUDGEMENT

(1.) This State appeal is directed against the judgment dated 18.9.1981 passed by Chief Judicial Magistrate, Bhilwara acquitting the accused-respondent herein of offence under Sec. 7/16 of the Prevention of Food Adulteration Act.

(2.) The prosecution case is that on 26.4.1974, Food Inspector Kamla Dutt checked the kirana shop of the respondents. He purchased Dhania as sample for chemical examination after informing that he was purchasing the same for the purpose of analysis. The Dhania was found to be adulterated. As such after obtaining necessary consent, a complaint was filed against the accused-respondent for the offence punishable under Sec. 7/16 of the Food Adulteration Act. Learned Magistrate acquitted the accused-respondents on the ground that there was non-compliance of Rule 14 of the Prevention of Food Adulteration Act.

(3.) Learned Public Prosecutor has read over before me the statement of Kamla Dutt (PW-1) and submitted that in his statement he has made a statement that he had taken the clean phials.