Municipal Prosecuting Inspector Municipal Council vs Ashok

N.C. SHARMA, J.—Ashok son of Ratan Lal has been acquitted by the Chief Judicial Magistrate, Ajmer for an offence under Sub-sections (b) & (c) of Section 16(1) of the Preventive of Food Adulteration Act, 1954.

I have heard the learned Counsels for the parties at length.

The main point on which the Chief Judicial Magistrate. Ajmer acquitted Ashok was that it was not established that it was Ashok who had prevented the Municipal Food Inspector from taking sample of ''Ghee'' from the shop run under the name and style of M/s Sualal Prathviraj Jain, or it was some other person. When the Food Inspectors are charged with the serious responsibility of preventing food adulteration, so hazardous to human life, they have to act with responsibility. They are not expected just to room like wanderers and prepare fake site-inspection notes and simply fill up the quota of the cases which they have to put up before Courts in a month or any part thereof. This lack of responsibility is found in the case of Mahesh Chandra Bhattacharya who was the Food Inspector of the Municipal Council, Ajmer. It appears from Ex.P/1 which is the memo of site-inspection, that Mahesh Chandra himself did not know who was the person sitting at the shop and he had also not seen him going away as he was busy in inspecting the Ghee. How can he be busy in inspecting the "Ghee" when he even did not talk with the persons concerned ? He has again said that the shop was either opened by Ashok or his Munim Gajraj. We do not knew whether it was Gajraj who left the shop or Ashok. None of the witnesses before whom the inspection note was prepared was examined to show that it was Ashok who was sitting on the shop and he obstructed the Food Inspector in taking the sample. The executive Magistrate, Shri B.K. Rastogi was also cursory and he has rested himself content by stating that one person was sitting on the shop who went away and, he cannot identify that person.

In appeal against acquittal, there should be compelling reasons and sufficient grounds to reverse the acquittal. I do not find, in the instant case, any compelling reasons or sufficient ground to reverse the acquittal recorded by the Chief Judicial Magistrate, Ajmer.

The appeal has no merit in it, and it is here by dismissed.