J.M.L.Sinha, J. - (1.) This appeal arises out of the judgment and order dated 4th December, 69 passed by a Magistrate 1st Class Agra acquitting the respondent of the offence under section 16(1)(a)(i) read with section 7 of the Prevention of Food Adulteration Act.
(2.) The facts leading to this appeal can briefly be stated as under : On 17th of May 68 Sri Promod Kumar Kulshreshtha, Food Inspector, Nagar Mahapalika, Agra, found the respondent selling milk from a can on the crossing of Vijai Nagar Colony. On enquiry the respondent informed the Food Inspector that the milk in his possession was an admixture of cow and goat milk. The Food Inspector collected sample from the milk in the possession of the respondent after making compliance of necessary formalities prescribed under the law. One part of the sample was sent to the Public Analyst who reported it to be adulterated. A complaint was then preferred for the prosecution of the respondent.
(3.) The respondent in his statement in the trial court admitted that the Food Inspector collected the sample out of the milk in his possession. He however pleaded that the milk was not intended for sale and that the Food Inspector forcibly collected the sample. It was also pleaded that he did not accept the price of the milk.;