N.N.Sharma - (1.) THIS appeal is directed against order dated 13-2-76 by Sri. B. D.Sharma, Learned Magistrate I Class, Jhansi in Criminal case no. 12 of 75 by which respondents 1 and 2 were acquitted by him of the charge under Sec. 7/16 of Prevention of Food Adulteration Act.
(2.) RESPONDENTS 1 and 2 are own brothers. It was on 30-5-72 at about 7.30 A. M. when Sri Chhail Behari Nigam PW 2 the then Food Inspector Jhansi, visited the shop of respondents in Bara Bazar Jhansi, Laxmi Narain respondent was found selling syrup and lassi at the shop ; Kailash Narain was not present. Laxmi Narain was selling lassi and some bottles /containing syrup without any label were placed in the shop. Food Inspector served notice form no. 6 (Ext. Ka. 2) on Laxmi Narain and purchased 800 ml. Syrup for Rs. 1.50 p. in presence of witnesses Gauri Shanker and Mushtaq Ahmad for which receipt Ext. Ka. 1 was executed by Laxmi Narain. Syrup was divided in three equal portions in accordance with rules and one sealed sample alongwith from no. 7 (Est. Ka. 3) was sent to Public Analyst, Lucknow. Seal was sent separately by Food Inspector. Public Analyst analysed the sample and result is as below : "Appearance : Dirty white coloured liquid. Test for sugar : positive. Test for Saccharine : positive. Test for coal tar dye : Negative. and am of the opinion that the sample contains Saccharine. without any declaration for the addition of the same." On receipt of this report respondent was informed through registered post vide Ext. Ka. 8 and necessary sanction for prosecution (Ext. Ka. 5) from Dr. S. S. Gupta was procured. Proceedings; were initiated through complaint Ext. Ka. 6. Both the respondents pleaded not guilty to the charge.
(3.) PROSECUTION examined Sri Chhail Behari Nigam (PW 1) in support of the aforesaid version and filed Ext. Ka. 1 to Ka 7. Laxmi Narain denied allegation that he was selling syrup but he conceded his signatures on receipt Ext. Ka. 2 ; he also denied sampling but again alleged that on that morning when he reached the shop he found inspector there, who procured his signatures on some documents ; Madan, servant of his elder brother was present at the shop ; he expressed ignorance about the result of analysis.;