Shri Kant Tripathi, J. - (1.) NONE is present for the appellant to press the appeal. The name of Mr. S. Mohan, advocate has been printed in the cause list as appellant's counsel but he did not turn up to argue the appeal for the appellant.
(2.) HEARD learned A.G.A. for the opposite party No. 2. None is also present for the opposite party No. 1. The instant appeal has been preferred against the acquittal order dated 14.9.1979 recorded by Sri N. K. Sharma, the then Additional Chief Judicial Magistrate, Agra in Case 2621 of 1977, Nagar Swasthya Adhikari v. Phooli Singh, whereby the learned Magistrate acquitted the opposite party No. 1 under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act) mainly on the ground that there was no compliance of the provisions of Section 10 (7) of the Act. It appears that on 9.3.1975 at about 10 a.m. the concerned Food Inspector found the opposite party No. 1 selling cow-milk within the limits of Nagar Mahapalika, Agra. The Food Inspector took a sample of cow-milk from the opposite party No. 1, Phooli Singh and sealed the same in three different containers after making due compliance of the rules and also prepared relevant papers on spot. The Food Inspector sent the sample to the public analyst for analysis. The public analyst found the sample of cow-milk adulterated as non-fatty solid contents was deficient by about 16 per cent. The Food Inspector, on receiving the report of the public analyst, obtained sanction of the Nagar Swasthya Adhikari, Agra for prosecuting the opposite party No. 1 and filed a complaint in the court of the concerned Magistrate.
(3.) THE opposite party No. 1 was charged under Section 7/16 of the Act. He denied the charge and claimed to be tried. The concerned Food Inspector died before he could be examined as a prosecution witness during trial. One Sri Mangel Sen was examined as prosecution witness who supported the prosecution story and stated that the Food Inspector took sample of cow-milk from the opposite party No. 1 and prepared the documents. Exhibit Ka-1 to Exhibit Ka-4.;