- (1.) This appeal fay the State of Rajasthan, through Food Inspector arises out of the judgment and order dated 16/8/1983 passed by the learned Chief Judicial Magistrate, Jaipur, by which the learned Magistrate has acquitted the accused-respondent from the charge under Section 7/16 of the Prevention of Food Adulteration Act.
(2.) The prosecution case in nut shell is that on 16-6-1979, PW-1 Devi Singh, Food Inspector visited the firm of accused-respondent situated in Bagru-walon-ka-rasta, Jaipur and took the sample of chilly powder from the premises, which were being used by the accused-respondent for selling chilly powder etc. The sample, on analysis was found to be adulterated. The reportt Ex.P8 of the State Central Public Health Laboratory Rajasthan, Jaipur reflects that Ash is soluble in dilute HC1 was 2.58%. On the contrary, the report, Ex.P.9 of the Central Food Laboratory, Ghaziabad indicates that percentage of Ash insoluble in dilute HC1 was 2.3%. The Rules framed under the Prevention of Food Adulteration Act prescribe the standards of quality of various articles of Food specified in Appendix B, C and D. Appendix B-A.05.05.01 prescribes the standards of quality of chillies powder, according to which the Ash insoluble in dilute HC1 should not contain more than 1.3% by weight. In this manner, the Ash insoluble in dilute HC1 was above the maximum prescribed limit of 1.3% and as such the sample was found to be adulterated.
(3.) Having gone through the judgment it appears that the trial Court after appreciating the evidence led by both the parties concluded that the prosecution has not been able to prove beyond doubt that the article of which sample was taken was kept for sale and on this ground acquitted the accused-respondent.;