A. N.Dikshita, J. - (1.) THIS appeal arises against the judgment and order dated 15-4-1978 of Sri K. P. Mathur, Special Judicial Magistrate, Allahabad acquitting the accused-respondent of the offence u/Secs.7/16 of the Prevention of Food Adulteration Act, 1954 as amended upto date.
(2.) RELEVANT facts, material to the controversy, are that one Sri K. C. Misra and Ale Hasan, Chief Sanitary Inspector and Sanitary Inspector respectively along with two other persons inspected the stall of Om Prakash son of R. P. Saxena at Plaza Canteen, 26 Mahatma Gandhi Road, Allahabad on 7-12-1978 at 4.30 P.M. It was found that for selling/storing and exhibiting for sale salted biscuits, a valid licence as required under law (Rule 50) was not available with him. A complaint, giving rise to Criminal Case No. 666 of 1977 for the breach of rule 50 as framed under Section 23 of Prevention of Food Adulteration Act was filed by Nagar Swasthya Adhikari (Medical Officer Health), Allahabad on 10-12-1976. Summons were issued after filing of the complaint to Om Prakash accused-respondent. The only offence said to have been committed by accused- respondent is non availability of licence for the sale of the salted biscuits etc.
(3.) THE accused denied the charge. It was stated by him that licence till March, 1976 was available with him and it has been sent for renewal to the concerned authority. Om Prakash was also prosecuted for not possessing licence within the postulates of Sections 298/299 of U. P. Municipalities Act, 1959. This complaint was also filed against Om Prakash as he did not possess the requisite licence as found on inspection on 7-12-1976 at 4.30 at Plaza Canteen. This case was registered as case do. 39/405 of 1977 and was decided by Additional City Magistrate, Allahabad on 12-1-1978. Admittedly a fine was imposed on him for the above; breach of the provisions of U. P. Municipalities Act.;