N.N.Sharma, J. - (1.) This appeal is directed against the order of Sri K. P. Mathur, Special Judicial Magistrate, Allahabad dated 19-4-1978 in Criminal Case No. 1836 of 1976 by which opposite party was acquitted of the offence under Section 7/16 of the Prevention of Food Adulteration Act.
(2.) Appeal was called out in the revised list also but none turned up to press this appeal on behalf of the appellant. Only Shri R.S. Singh, learned Advocate for State was present. I have carefully perused the record.
(3.) It appears that on 18-9-75 at about 9 A.M. opposite party was found by the Food Inspector Sri K. P. Singh Nagar Mahapalika, Allahabad carrying milk for sale near Jamuna-bridge, Gau Ghat. The Food Inspector disclosed his identity and served notice Form No. 6 Ext. ka-1 on opposite party in presence of witnesses. He purchased 660 Ml. of milk for a sum of Rs 1.25 for which a receipt Ext. ka-2 was procured in presence of Sri R.A. Misra and Sri Kali Kumar. The milk was divided in three equal parts in three phials and each phial was sealed up after adding 18 drops of Formalin in each bottle. One sealed phial was made over to opposite party while the remaining two were sent to the office of Nagar Swasthya Adhikari. One sealed phial from the Office was sent to Public Analyst who reported that fat contents in the milk sample were 4.2% while non-fatty solids were 8.1%. Sample was found deficient in fat contents by 30% as judged on the basis of statutory standard for buffalo milk, vide report dated 10-10-75 of Public Analyst Ext. ka. 3;