MOHD.HAMID HUSSAIN, J. - (1.) THIS appeal has been filed by the Nagar Swasthya Adhikari Nagar Maha­palika, Kanpur against the judgment and order dated 15-4-1975 of the Magistrate in Criminal Case No. 1593 of 1972 acquitting the two respondents Sundar Lal and Mangat Ram alias Mangatu Ram under Section 7/16 of the Prevention of Food Adulteration Act.
(2.) THE case of the prosecution as contained in the complaint was that the Food Inspector Sri S. B. Tiwari on 23-12-1971 at 13 a. m. inspected the premises No. 57/115, in Mohalla Kahu Kothi, within police circle Collectorganj, in the city of Kanpur and found respondent SundarLal selling adulterated Arhar ki-Dal of which the Inspector took a sample. The sample of Arhar ki Dal was sent to the Public Analyst who reported that the said Arhar ki Dal contained colouring matter. After the receipt of the report of the Public Analyst a complaint was filed against SundarLal as well as Mangat Rani alias Mangatu Ram in whose name the licence for doing business in grocery was issued. Both the respondents Mangatu Ram assented that he was neither pre­sent at the shop nor any sample of Dal was taken from his shop nor any money was paid therefor. He denied that SundarLal was his servant who was sitting at the shop at the time of inspection by the Food Inspector who took the sample of Arhar which was subsequently found to be adulterated. Respondent Sundar Lal also denied the charge against him. One Mahavir Prasad was examined as a defence witness.
(3.) THE Food Inspector Sri S B. Tiwari examined himself in Court in support of the allegations contained in the complaint.;