G.M. LODHA, J —This is an appeal by Municipal Council, Alwar against the Judgment of Chief Judicial Magistrate, Alwar in criminal case No. 18/257/ 74 acquitting the respondent for offence under section 7 read with section 16 of the Prevention of Food Adulteration Act, 1954.

2. The prosecution case is that on 11.6.1972 Food Inspector Hanuman Modi inspected the shop of accused in Munshi Bazar. He suspected adulteration in chillies and took samples. These samples were put in three bottles and sealed. One bottle was given to the accused and was sent for public analysis. According to the report of Public Analyst Ex. P.3. it was found that the chillies were adulterated.

3. In support of the case the prosecution has examined P.W. 1 Hanuman Modi and PW. 2 Omprakash and P.W. 3 Kuldeep Kumar. The accused denied the taking of the sample and produced DW 1 Bhagwan Das and D.W 2 Yograj Dixit. The trial court considered the evidence produced by the parties and found that the sample was taken from the accused. It was also found that Omprakash and Kuldeep Kumar were hostile witnesses On ulterior discussion of the entire evidence a finding was given that even though the two witnesses P.W.2 and PW3 hav

Click Here to Read the rest of this document