Shailendra Kumar Agrawal, J. - (1.) - Heard learned counsel for the appellant and learned A.G.A for the State and perused the record.
(2.) This criminal appeal has been filed against the judgment and order dated 09.08.1979 passed by Additional Chief Judicial Magistrate, Agra in criminal case no.3606 of 1977 acquitting the respondents from an offence under Section 7/16 of the Prevention of the Food Adulteration Act. During appeal the respondent no.2 Beni Singh died and his appeal has been abated vide order dated 27.04.2006.
(3.) The appellant was complainant in the trial court. As per prosecution story Shri Shyam Manohar, Food Inspector checked Kali Charan, respondent no.1 on 04.09.1975 at about 11.00 a.m. at Lal Masjid while he was taking milk for sale. The Food Inspector gave his introduction and served a notice as per Rule 12 of the Rules. He obtained acknowledgment Ex. Ka1 and purchased 670 milliliter milk and paid 1.25 paisa. The sample milk was divided in three equal parts and each part was kept in separate dry and clean bottles. Eighteen drops of formalin was added in each of the bottles. The bottles were labled and sealed according to the rules. One of the phials was given to the accused. Receipt Ex. Ka2 was obtained from the accused for the sample phial given to him and for the money paid to him. Spot note Ex. Ka3 was prepared, three copies of Form No.7 were filed. One of the copies Ex. Ka4 and other phials were sent to the Public Analyst. A copy of Form No.7 was also separately sent to the Public Analyst. The Public Analyst vide its report dated 09.09.1975 declared the sample to be deficient in non-fatty solids of about 10% as judged on the basis of the standards for buffalo milk. Dr. B.S. Kulshresth accorded the formal sanction Ex. Ka6 and instituted the complaint Ex. Ka7 against accused Kali Charan and Beni Singh. Name of Beni Singh was given by accused Kali Charan to the Food Inspector as the owner of the milk.;