Kundan Singh, J. - (1.) This appeal has been preferred by Nagar Swasthya Adhikari, Nagar Mahapalika, Agra, against the judgment and order dated 27.8.77 whereby Sri A.N.Khan, the then Additional Chief Judicial Magistrate, Agra, has acquitted the accused respondent of the charge under Section 7/16 of the Prevention of Food Adulteration Act.
(2.) It is said that on 22.12.74 at about 12 noon Sri R.C. Saxena, Food Inspector, took a sample of milk from the shop of the accused-respondent, situated in Loha Mandi, Agra. The sample was sent to the Public Analyst for analysis, who found 5.6% fatty solids and 6.3% non-fatty solids in the sample of milk taken from the shop of the respondent and in the report of the Public Analyst it was mentioned that the milk of the respondent was found deficient in non-fatty solids.
(3.) The learned Magistrate has passed the order of acquittal solely on the ground that the deficiency of non-fatty solids in the milk being marginal was ignorable and also observed that Mahavir Prasad, the own witness of the prosecution, has not supported its case.;