K.S.Tiwana, J. - (1.) On a complaint filed by Municipal Committee, Amritsar, through Pal Dass, Food Inspector, under section 16(l)(a)(i) of the Prevention of Food Adulteration Act, 1954, Mohan Lal son of Dewan Chand aged 50 years, shopkeeper of Chowk Passian, Amritsar, was tried by the Judicial Magistrate 1st Class, Amritsar, and was acquitted vide his order dated 30th Nov., 1971. Dissatisfied with the order of acquittal the Municipal Committee, Amritsar, through Pal Dass, Food Inspector, has filed this appeal with special leave.
(2.) The case against Mohan Lal respondent is that on 30 3-1971 at 9 45 P.M. Pal Dass, Food Inspector, accompanied by Cbirag Jamcdar went to Chowk Passian, Amritsar where Mohan Lal runs a shop for selling Karyana goods. After disclosing his identity, the Food Inspector conveyed his intention to the respondent to collect a sample of red chillies (ground) and served notice Exhibit P.A. On this the respondent disclosed that 3 Kilo-grams chillies, kept in a covered tin, were meant for sale. The Food Inspector then purchased 450 grams of red ground chillies, for Rs. 3.00 for analysis. With the help of a bumboo the chillies lying in the tin were mixed and then weighed in a weighing scale after cleaning the pan with a cloth. The respondent put the ground chillies in a paper bag which was hanging on the wall with a twine. Receipt, Exhibit P.B , was obtained from the respondent about the payment of the money. The chillies powder was divided into three equal parts which was put in three separate dry and clean bottles. The bottles were stoppered, labelled, wrapped and sealed. One sample was handed over to the respondent, one was kept by the Food Inspector and the third was sent to the Medical Officer of Health. The Public Analyst, on analysis, found 1 hat the powder contained 9.36 per cent of ash in place of 8 per cent and the ash insoluble in dilute HCI acid 3.6 per cent in place of 1.5 per cent. Non-volatile extracts were 11.6 per cent in place of 12 per cent. Grit was also found present. The report of the Public Analyst is to the effect that the sample of chillies was adulterated.
(3.) Complaint Exhibit P G. was filed by Pal Dass, Food Inspector, in the Court of Judicial Magistrate 1st Class, Amritsar. The respondent was summoned. After examination of Pal Dass, Food Inspector, Mohan Lal respondent was charged under section 16(l)(a)(i) of the Prevention of Food Adulteration Act. The respondent pleaded not guilty to the charge and claimed a trial.;