V.D. Bhargava, J. - (1.) This is an appeal filed by the Municipal Board of Kanpur against Hanuman Prasad who has been acquitted under section 7 read with section 16 of the Prevention of Food Adulteration Act of 1954.
(2.) The case of the prosecution was that the respondent was dealer in ghee and he was selling and storing ghee for sale. On the 21st of December, 1957 a sample of ghee was taken from the shop of the respondent. It was sent to the Chemical Examiner, who by his report dated 21st of February, 1958 gave the following analysis of the sample of ghee. 1. Butyrorefractometer Reading (at 40 C. 42.2/27.3) 2. Reichert value. 3. Moisture (water content) within permissible limit. 4. Free fatty acids (as Oleic Acid) 11.2%. 5. Baudouins test (for presence of Til Oil) Negative. The final report was that the sample contained 8.2% of free fatty acids (calculated as Oleic Acid) over and above the maximum permissible limit of 3%. The Chemical Analyst was further of the opinion that the ghee was adulterated. Thereupon a charge was framed against the respondent.
(3.) The respondent admitted that he was a seller and stores of ghee, that on that day a sample was taken from his shop, but he took two defences before the Magistrate. One was that the prosecution has failed to prove that the sample which had been taken was kept sealed throughout and the second defence is that the analysis having taken place two months after the sample was taken, on account of moisture, light and air during this period there was the consequent excess of acidity. The learned Magistrate came to the conclusion that the prosecution has failed to prove that the ghee was kept sealed throughout and acquitted the accused Aggrieved by that decision the Municipal Board has filed this appeal and has placed great reliance on Ext. Ka-4 which is the report of the Public Analyst. In that report it has been mentioned that the sample of ghee which was for analysis was properly sealed and fastened, and that he found the seal intact and unbroken. Under the circumstances reliance was placed on section 13(5) that this document, which purports to be signed by a Public Analyst, would be a proof of its contents, that is, the bottle was sealed and the seal was intact and unbroken.;