B.N.Katju, J. - (1.) The Nagar Swasthya Adhikari, Nagar Maha-palika, Agra has filed this appeal against the acquittal of Banshi Lal respondent under Section 7/16 of Prevention of Food Adulteration Act by the Magistrate 1st Class, Agra by his judgment dated 11-7-1974 passed in criminal case No 2122 of 1973.
(2.) The case of the complainant (appellant) is that on 19-3-1972 at about 2 P.M. Kunwar Singh (P.W. 1), the Food Inspector of the Nagar Mahapalika, Agra reached Ghati Namu Bhanja with his staff. He purchased 450 gms. of curry powder from the shop of the respondent for Re. 1.25. The curry powder was divided into three phials. One of the phials was sent to the Public Analyst who found it to be adulterated as it contained common salt and crude fibre in excess of the prescribed limits. Two witnesses were examined by the complainant to connect the respondent with the crime, namely, Sri Kunwar Singh (P.W. 1), the Food Beldar. The respondent pleaded not guilty and stated that he only does the work of grinding Masalas and neither Masalas nor any other article of food is sold at his shop. Six witnesses were examined in defence, namely, Abdul Hakim (D.W. 1), Sewak Ram (D.W. 2), Haji Jamiluddin (D W. 3), Naresh Narain Srivastava (D.W. 4), Raghubir Singh (D.W. 5) and Banshi Lal respondent (D.W. 6).
(3.) The trial court after considering the evidence on record came to the conclusion that the complainant had failed to establish the guilt of the respondent and acquitted him as mentioned earlier. The main questions to be determined in the case were whether the respondent was exhibiting for sale or selling the curry powder (Masala), the sample of which was taken by Sri Kunwar Singh the Food Inspector, and whether the said curry powder was adulterated. It was stated by Sri Kunwar Singh (P.W. 1), the Food Inspector, that a boy aged about 14 years had purchased curry powder (Masala) from the shop of the respondent before he purchased the sample of curry powder, but this cannot be accepted as the said boy has not been examined and it is difficult to believe the statement of Sri Kunwar Singh (P.W. 1) that he had asked his name and address but he did not tell him.;