Sharma - (1.) THIS is a reference by the learned Session Judge, Bharatpur under sec. 48 of the Bharatpur Municipalities Act. The allegation against the accused Ram Chandra was that one Badansingh went to his shop on the 4th August, 1951 to purchase Ghee from him. The accused showed him some Ghee and demanded Rs.5/- per seer as its price, Badansingh however, suspected the Ghee was not pure and therefore, he did not purchase it but went to the Municipal Board and reported the matter. Mr. Kesheodeo of the Municipal Board went to the spot, took a sample of Ghee in three sealed phials; one of which was handed over to the accused, the other was sent to the Municipal Board and the third was sent to the Chemical Analyst for chemical examination. The Chemical Examiner reported that the Ghee was adulterated and consequently, the accused was arrested.
(2.) THE accused pleaded that he had purchased the Ghee from the bazar and it was pure. THE learned Magistrate was however, satisfied that the accused was guilty under sec. 48 of the Municipalities Act sentence-ed him to a fine of Rs 40/-. The accused went in revision to the court of the Session Judge, Bharatpur who has made this reference recommending that the accused had not sold the Ghee and under sec. 48 of the Bharatpur Municipalities Act a person could be convicted only if he had sold it. I have gone through the record of the case and have also considered the provisions of sec. 48 of the Bharatpur Municipalities Act. The accused Ram Chandar has not appeared but the Parokar of the Municipal Board, Bharatpur has appeared before me. I have heard him. On a consideration of sec. 48 I am of opinion that only a seller of an adulterated article could be convicted. In this case, the ghee was not sold and the report was made and sample taken simply after Badansingh had seen the ghee and suspected that it was not pure. Unfortunately, the words "attempt to sell"' or "exposed for sale" are not to be found under sec. 48 of the Bharatpur Municipalities Act and therefore, the mere fact that the accused exposed the ghee for sale could not make him liable under sec. 48. 5. I accept the reference made by the learned Sessions Judge, set aside the conviction and sentence passed on the accused. Fine if paid shall be refunded to him.;