R.B.Lal, J. - (1.) This appeal is directed against the order of acquittal dated 22-1-1977 passed by Sri Yashpal Lukaria, Munsif Magistrate, First Class, Agra.
(2.) Food Inspector Rajendra Mohan Chaturvedi (P.W. 1) visited Gujranwala Sweet House situated in Heeng ki Mandi within the limits of Nagar Mahapalika Agra, on 29-1-74 at about 12 o'clock noon and found Chimman Lal Chawla, respondent No. 1 selling sweets prepared from chhena. Chimman Lal Chawla gave out that Brij Mohan Chawla was the owner of the sweet house. The Food Inspector disclosed his identity and gave a notice of his intention to purchase chhena sweet for analysis. He purchased 1200 grams of chhena sweets on payment of Rs. 12/- and sealed it in three sample bottles in equal quantity, after observing all the rules and procedures. One sample bottle was handed over to Chimnran Lal Chawla. The Food Inspector also prepared the usual papers.
(3.) A sample bottle was sent to the Public Analyst, Lucknow, who reported that the sweets contained unpermitted coal tar dye. A copy of this report was sent to the accused Dr. Narendra Nath. Nagar Swasthya Adhikari, Nagar Mahapalika Agra, filed a complaint against the present respondents for selling adulterated sweets, an offence punishable under sections 7/16 of the Prevention of Food Adulteration Act (briefly the Act).;