J.M.L.Sinha, J. - (1.) This appeal has been filed by the Nagar Swasthya Adhikari, Nagar Mahapalika, Allahabad challenging the correctness of the judgment and order dated 26th July, 1977 passed by the Special Judicial Magistrate. Allahabad acquitting the respondent No. 1 of the offence under section 7 read with section 16 of the Prevention of Food Adulteration Act.
(2.) The facts giving rise to this appeal, very briefly stated, are as follows:- On 30.11.1974 at about 11.30 A.M. Sri Madan Gopal Misra, Food Inspector found the respondent No. 1 carrying a can of milk. The Food Inspector collected sample out of that milk on payment of its price. Due formalities in connection with the collection of milk were complied with. One part of the sample was sent to the Public Analyst, who reported it to be adulterated. Complaint was then filed for the prosecution of respondent No. 1. The respondent during his cross-examination in the trial court pleaded that sample was collected out of his possession forcibly and that no price was paid to him. He also denied that the sample of milk was found by the Public Analyst to be adulterated. The trial court acquitted 'the respondent of the following reasons:- (i) it was not proved that the respondent had been paid the price of the sample and, consequently, it was not the sale within the meaning of section 2(xiii) of the Prevention of Food Adulteration Act. (ii) Aggregate of fatty and non-fatty contents was not such which may lead to the conclusion that the milk was adulterated. It is against that judgment that the present appeal is directed.
(3.) I have heard the learned counsel for the appellant. None, however, appear before me on behalf of the respondent and, consequently, I did not have the advantage of hearing arguments on this behalf.;