S.Malik, J. - (1.) This is an appeal by the State against the judgment dated 26-7-1976 of the Munsif-Magistrate I Class, Saharanpur acquitting the accused-respondent of an offence punishable under section 16 read with section 7(1) of the Prevention of Food Adulteration Act.
(2.) According to the prosecution, sample of buffalo milk was taken from the accused by the Food Inspector on 12th of June, 1974 near village Tauli in the district of Saharanpur for analysis while the accused was offering the sample for sale. The sample was taken after due notice and a receipt was also given in proof of the payment of price for the sample. It is said that it was taken according to law and the portion sent to the Public Analyst was found to be adulterated as it was deficient both in fat contents and in non-fatty solids.
(3.) The accused pleaded not guilty and denied the taking of the sample by the Food Inspector. According to him he has been falsely implicated at the instance of the Chairman of the Town Area.;