- (1.) THIS is an appeal preferred by the State of Rajasthan against the acquittal of Kachab respondent for the offence under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954, hereinafter referred to as the Act.
(2.) IT will not be out of place to mention that Kachab was tried for the aforesaid offence by the Municipal Magistrate, Jodhpur, and found guilty of selling adulterated milk of cow on Sept, 20, 1966, at 10. 30 a. m. near railway station octroi post, Jodhpur. The learned Municipal Magistrate convicted the respondent under Section 7 read with Section 16 of the Act and sentenced him to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1000/-, in default of payment of fine to further suffer rigorous imprisonment for three months, Aggrieved by his conviction and the sentence, the respondent filed an appeal in the court of the Sessions Judge, Jodhpur, who, transferred it to the court of the Additional Sessions Judge No. 2, Jodhpur, for disposal according to law. The Additional Sessions Judge No. 2 heard the appeal and came to a conclusion that the sampling of milk in the instant case was not carefully done by the Food Inspector, with the result that the sample failed to represent the milk to be tested. The Additional Sessions Judge No. 2, Jodhpur, therefore, recorded an order of acquittal of the respondent and accepted the appeal. As against this judgment of acquittal, the State has come up to this Court in appeal.
(3.) THE short facts which are relevant for the purposes of decision of this appeal are narrated as follows;- Mag Raj, Food Inspector, while patrolling the area near railway station octroi post, Jodhpur, saw Kachab respondent unloading three containers full of cow's milk from a truck. The Food Inspector disclosed his identity to the respondent and asked dim to give a sample of the milk contained in the container. The respondent agreed to give the sample of his milk. The Food Inspector, thereupon, purchased 750 grams of milk from the respondent for 47 p. divided it into three equal parts and filled each part in a dry and clean bottle after adding 16 drops of formalin thereto. The bottles containing the sample were then corked and sealed properly in the presence of Motbirs. One of the bottles was, later on sent to the Public Analyst, Jodhpur, for examination of the milk. The Public Analyst, Jodhpur, analysed the sample sent to him by the Food Inspector and found it adulterated, as it did not conform to the standard of purity prescribed for cow's milk. The result of his analysis was as follows: fat contents 4. 2% solids non-fats 7. 8% Upon receipt of the report of the Public Analyst, the Food Inspector obtained requisite sanction for prosecution of the respondent from the local authority and eventually filed a complaint in the court of the Municipal Magistrate, Jodhpur, who convicted and sentenced the respondent, as stated above.;