R.S. Verma, J. - (1.) The brief facts giving rise to this appeal lie in a very narrow campass. On 5.2.76 at about 7.30 a.m., Food Inspector Kutubuddin Khan was taking samples of food articles at Jaipur Devli road octroi post, Tonk; at that time, accused respondent was coming from the side of village Daulata towards the said octroi post. The Food Inspector checked him at the octroi post and after giving notice to the accused-respondent, took a sample of milk weighing 660 mls. from the accused after paying him Rs. 130/- as price. The sample was divided into three parts, which were duly sealed. One sample was given to the accused respondent and the Food Inspector took the remaining two samples with him. One bottle was sent to the Public Analyst. On analysis, the milk was found to be adulterated. The accused-respondent was informed about the report of the Public Analyst and after obtaining necessary sanction Ex. P. 6, a complaint was filed against the accused in the court of the Chief Judicial Magistrate, Tonk.
(2.) After due trial, the learned Chief Judicial Magistrate found accused respondent guilty of an offence u/s 7/16 of Prevention of Food Adulteration Act and convicted and sentenced him accordingly. The accused respondent was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1000/- and in default of payment of fine to undergo further six months imprisonment.
(3.) Aggrieved, accused-respondent went in appeal before the learned Sessions Judge, Tonk, who by his judgment dated 13-1-81 accepted the appeal of the accused-respondent and acquitted him of the aforesaid charge on two grounds, namely, (i) that the milk in question was not meant for sale and (ii) the milk sample purchased from the accused-respondent was not taken within the territorial limits of the Municipal Board Tonk and as such the Food Inspector took sample from an area, which did not fall in his jurisdiction. Aggrieved, the Local Health Authority namely, C.M.H.O., Tonk, preferred D. B. Criminal Leave was granted on 19-1-82 with the result that this appeal has come up for hearing.;