J.M.L.Sinha, J. - (1.) This appeal has been filed by the Nagar Swasthya Adhikari, Allahabad assailing the judgment and order dated 26th October, 1977, passed by the Special Judicial Magistrate, Allahabad whereby he acquitted the opposite parties of the offence under section 7 read with section 16 of the Prevention of Food Adulteration Act.
(2.) The facts of the case, very briefly stated, are as follows "On 4th of December, 1973, at about 1.30 p.m. Sri Ramdev Misra (P.W.I) found Satish Kumar Agarwal, (P.W.2) selling Dalmot on a cycle. The Food Insoector collected sample out of that Dalmot on payment of Rs. 4.25 as the price thereof. One part of the sample was sent to the Public Analyst for examination who reported that the Cooking medium declared as oil contained a large proportion of groundnut oil. On receipt of this report, a complaint was filed for the prosecution of Satish Kumar Agarwal, opposite party No. 2 under section 7 read with section 16 of the Prevention of Food Adulteration Act. Opposite Party No. 1, Radhey Shiam, was also summoned to stand his trial because the packet contiaining the Dalmot contained a label showing that it was manufactured by him.
(3.) Both the respondents during their examination in the trial Court pleaded not guilty. Respondent No. 2 admitted that the sample was collected out of his possession, pleaded that it was not adulterated. Radhey Shyam, respondent No. 1 admitted that he was the manufacturer of the Dalmot. He however, added that it was cooked in groundnut oil and was not adulterated.;