(1.) THIS is an appeal against the order of the Munsif Magistrate, 1st Class. Puri, acquitting the respondent of an offence under Section 16(1)(a) of the Prevention of Food Adulteration Act, 1954. The prosecution case out of which this appeal arises may briefly be stated as follows:
(2.) THE accused respondent has a godown in Luxmi Bazar in Puri Town. On 21 -2 -1963 the Food Inspector, P. W. 1, took samples of some Ahar Dal from the godown of the accused and later on sent the same to the Public Analyst for necessary examination and seized 10 1/2 bags of Dal under Ext. 2. The public analyst after examination found the Dal to have been adulterated. Accordingly prosecution was launched against the respondent and he was put to trial before the Magistrate aforesaid.
(3.) THE learned Magistrate found that the prosecution has not been able to prove that the Dal was meant for human consumption. Ha accepted the defence version as true and acquitted the accused, Hence the appeal.
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