STATE Vs. ISHWAR SARAN

JUDGEMENT

(1.) This is an appeal against an order of acquittal recorded by a Magistrate 1st Class of Moradabad in a case under Section 7/16 of the Prevention of Food Adulteration Act.

(2.) Sri S. N. Gupta, Food Inspector Municipal Board Moradabad, filed a complaint against" the opposite party on the allegations that on 17-2-1961 at about 9 A. M. he found the opposite party selling and exposing for sale "Hing" at his shop; that sample of the same was obtained by the complainant which was sent to the Public Analyst for his analysis; that the report of the Public Analyst shows that it was admixed with a large quantity of foreign matter, and that the opposite party bad thus contravened the provisions of Prevention of Food Adulteration Act and was liable to punishment. The complainant, therefore, prayer that the accused may be tried and punished in accordance with law.

(3.) A perusal of the complaint shows that at the foot of the complaint Dr. V. N. Srivastava had given his consent to Sri S. N, Gupta, Food Inspector, within the meaning of Section 20 of the Act read with U. P. Government Notification No. 19395/XVI (PH.) - 461-52 dated 16-12-1935 for instituting the prosecution.