- (1.) K. K. Chaubey, J. This appeal has been filed against the judgment and order dated 21-1-1979 of Shri S. K. Jain VI Additional District and Sessions Judge, Moradabad by which he allowed the appeal and quashed the proceedings on account of being void ab-initio in the absence of a valid sanction under Section 20 of the Prevention of Food Adulteration Act, 1954 (hereinafter called the Act ).
(2.) THE case of the prosecution was that on 14-4-1973 at about 11 a. m. the hood inspector Sri B. P. Sharma found the respondent Vir Singh selling she-bu- uffaloe milk. THE Food Inspector disclosed his identity and took sample of the milk in accordance with the rules. THE sample was sent for analysis and the Public Analyst reported that the sample was deficient by 55 per cent in fact. It was also deficient by 44 per cent in non- fatty solids. Accordingly, it was repor ted to be adulterated, The complaint was filed by Medical Officer of Health, Nagar Palika, Amroha on which cognizance was taken by the Learned Magistrate. The respondent was charged under Section 716 of the Act to which he pleaded not guilty.
(3.) THE complainant examined Sri B. P. Sharma, Food Inspector as PW 1 and Kalloo Singh, PW 2. The respondent-accused in his statement before the court below denied the story of prosecution including the taking of sample and claimed that he had been falsely implicated in the case on account of enmity. He also examined Meharban Ahmad in defence.;