G.K. Mathur, J. - (1.) Nagar Swasthya Adhikari, Nagar Mahapalika Allahabad has preferred this appeal against the judgment and order dated 24th August, 1977 passed by Sri K.P. Mathur, Special Judicial Magistrate, Allahabad in Criminal Case No. 502 of 1976 by which Surendra Kumar accused-opposite party has been acquitted for the offence punishable under section 7/16 of Prevention of Food Adulteration Act.
(2.) Heard the learned counsel for the appellant and the learned counsel for the opposite parties and perused the papers. The case of the above. prosecution, in brief, has been that on 4th December, 1974 at about 12.40 p.m. Food Inspector, T.D. Murjhani found the appellant selling 'Chana Besan' at his shop situate at 103 Zero Road, Allahabad and for the purposes t of taking sample of the said 'Besan' purchased 600 Gms. 'Besan' and prepared j the samples as required under law and sent them for analysis. On the receipt of the report of the Public Analyst dated 4th March, 1975 the Nagar Swasthya Adhikari, Nagar Mahapalika, Allahabad granted sanction on 30th April, 1975 for the prosecution of the accused and consequently a complaint was filed against the accused. The prosecution in order to prove its case examined T.D. Murjhani, Food Inspector and S C. Srivastava, Food clerk. The accused pleaded not guilty. The learned trial court found the case not proved against the accused-opposite party No 1 and acquitted him as indicated above.
(3.) Feeling dissatisfied with the aforesaid order of acquittal the Nagar Swasthya Adhikari, Nagar Maha palika, Allahabad has filed this appeal.;