SOBHAG MAL JAIN, J. - (1.) THIS appeal is directed against the judgment dated February 24, 1979 of the Chief Judicial Magistrate, Nagaur, acquitting the accused for the offence under section 7/16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act' ).
(2.) THE case is more than thirteen years old. It was on December 30, 1975 that Shri Om Singh, Food Inspector, took sample of sugar from the shop of the accused. It was sent to the Public Analyst for chemical examination, who found it to be adulterated. I do not find, sufficient ground for interference with the order of acquittal. The learned Magistrate has, in terms, recorded the finding that the material from which the sample was taken was 'sulphar' and not sugar. The Public Analyst has accepted in his evidence that no standard for 'sulphar' has been prescribed in the Rules. 'sulphar' is a different commodity. On these findings, no case is made out against the accused and he has rightly been acquitted. There is no force in the appeal and the same is hereby dismissed. .;