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D. P. UNIVAL, T. RAMBHADRAN
Municipal Board, Jaunpur – Appellant
Versus
Raghunandan Ram – Respondent
JUDGMENT
T. Rambhadran, J. - This is an appeal by the Municipal Board Jaunpur against the appellate decision of the learned Temporary Sessions Judge of Jaunpur, whereby he set aside the conviction of the respondent of an offence under section 16(1) of the Prevention of Food Adulteration Act read with Section 7 thereof and acquitted him.
2. Proceedings against the respondent were- started on the basis of a complaint instituted by Dr. A.K. Roy, Medical Officer of Health-cum-Food Inspector, Municipal Board, Jaunpur, wherein it was stated that on 17-4-58, a sample of as a fetid was purchased by him from the shop of the respondent. The same was divided into parts, one part being handed ever to the respondent, another was kept by the Medical Officer, while the third was sent to the Public Analyst to the U.P. Government for analysis. On 8-7-1958, the said analyst reported that the sample of afore stated was adulterated in as much as its total ash comment was 36.10 per tent as against the maximum of 15 per cent permissible under the rules. It was on this basis that the respondent was summoned to court and the trial started. The respondent applied to the trial Magistrate under section 13(2)
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