1980 Supreme(Raj) 290
K.D.SHARMA, KANTA BHATNAGAR
State – Appellant
Versus
Gulab Chand – Respondent
JUDGMENT
1. - This is an appeal filed by the State against the judgment of Sessions Judge, Merta, dated 11-8-1976 in criminal appeal No. 125/74 by which the appeal of Gulab Chand against his conviction and sentence under section 7 read with section 16 of the Prevention of Food Adulteration Act 1954, hereinafter to be referred to as the Act, was accepted and he was acquitted of the aforesaid offence on the ground that the prosecution could not prove his guilt beyond reasonable doubt. It will not be out of place to mention that Gulabchand Respondent was found guilty of selling adulterated Gur at his shop on 15-6-1978 by Sitaram Food Inspector who thereupon purchased a sample of the Gur for value from the Respondent, and after dividing it into three equal parts put each part in a dry and clean bottle which was properly sealed by him on the spot in the presence of Laxminarain and Gheesulal Morvis. One of the sealed bottles was sent to the Public Analyst for analysis. The Public Analyst analysed the sample and sent a report to the Food Inspector that the sample of Gur sent to him was adulterated as it did not conform to the prescribed standard of purity. The report of the Public Analyst
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