CHANDRA PRAKASH,J. - (1.) THIS is an appeal by the Nagar Swasthya Adhikari, Nagar Mahapalika, Agra, under Section 417(3) Cr. P. C. against the order dated 27-12-1972 of Sri Rahtu Singh, Magistrate 1st Class, "Agra acquitting respondent Kanhaiya Lal under Sections 7/16 of the Prevention of Food Adul­teration Act (hereinafter referred to as the Act).
(2.) THE respondent was prosecuted under Sections 7/16 of the Act on the allega­tions that on 2-9-1971 Sri R. N. Dikshit (P. W. 1) Food Inspector at about 7-30 P. M. found the respondent selling mixture of cows and goats milk. R. N. Dikshit aforesaid purchased 660 m.l. mixture of milk from the respondent for 90 p. and obtained receipt Ex- ka-/2. He filled that mixture of milk in three phials equally, dropped 18 drops of formalin of 40% strength and sealed them. One of these phials was handed over to the respondent. He also pre­pared a report Ex.ka/4 and form No. VII Ex.ka/3. The remaining two phials with other papers were given to the Nagar Swasthya Adhikari. One phial was sent to the Public Analyst on 7-9-1971, who vide his report Ex. ka/5 reported that the sample was deficient in non-fatty solid content 437%. It showed 5.5% non-fatty solids. Accordingly the res­pondent was prosecuted. Respondent pleaded not guilty. He denied that he was selling any milk on 2-9-1971 at 7-30 P.M. in Jagdishpura, Agra. He further denied to have sold any milk to the Fool Inspector R. N. Dikshit. The Nagar Swasthya Adhikari examined four witnesses including two eye-witnesses in support of its story. Respondent produced no defence. After considering the entire evidence on record the court below came to the conclusion that the case against the respondent has not been proved to the hilt and accor­dingly the respondent was acquitted.
(3.) THE Nagar Swasthya Adhikari, Nagar Mahapalika, Agra, feeling aggrieved, has now come in appeal before me. I have heard the learned counsel for the appellant as also the learned counsel appearing on behalf of the respondent at length and after going through the record I have come to the conclusion that the order of the court below cannot be allowed to stand.;