STATE OF RAJASTHAN Vs. JETHANAND

JUDGEMENT

(1.) THIS appeal has come up for hearing after the expiry of period of more than 25 years from the date of occurrence 28. 2. 1983.

(2.) THE State of Rajasthan has preferred this appeal against the judgment of acquittal dated 12. 1. 1993 passed by Additional chief Judicial Magistrate No. 2, Ajmer (hereinafter to be referred as the learned trial court) in Criminal Case No. 233/1984, by which he acquitted the accused respondents for the offence under Section 7/16 of prevention of Food Adulteration Act.

(3.) IN brief, the facts of the case are as under: on 28. 2. 1983 at around 9. 00 a. m. Food inspector Parmanand Monga (PW1) visited the trolley of accused Jethanand who does his business at Railway Station, Ajmer. The accused was found to be selling Namkin and Sweets. The accused was asked to give Sohan Halwa for examination and 1. 50 kgs. Sohan halwa was taken for 18 and the amount was paid to the accused. Sohan Halwa was purchased before the witness Shri pratap Singh (PW2) and the same was packed in three different parts and they were sealed and one of the packet was sent to the local authority for examination. The public analyst in his report has given out that Sohan Halwa was prepared by Vanaspati ghee which was adulterated.