Court No. - 47
Case :- GOVERNMENT APPEAL No. - 2357 of 2013 Appellant :- State Of U.P. Respondent :- Sharif And 5 Others Counsel for Appellant :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard AGA for the appellant.
This Government Appeal has been filed from the judgment of acquittal dated 21.2.2013, passed by Additional Sessions Judge (Ex-Cadre), Court No. 4, Ghaziabad, in S.T. No. 1975 of 2009 (State vs. Sharif and others), arising out of Case Crime No. 631 of 2008, u/s 272, 273 IPC and Section 7/16 Prevention of Food Adulteration Act, P.S. Masoorie, district Ghaziabad.
The court below found that in Sample Report Z B - 427/2008 dated 31.10.2008 and Sample Report Z B - 367/2008 dated 31.10.2008, no adulteration was found in the Khoya. Only the contents of fat was found 21%, although it should be 30%. Thus, this was the Prosecution evidence, in which, no adulteration was found. Thus, no case u/s 272 and 273 IPC is made out.
So far as less content of fat is concerned, it may depend upon the quality of milk, as such, on its basis, it cannot be said that offence u/s 7/16 of Prevention of Food Adulteration Act has been committed. The order of acquittal does not warrant any interference by this Court.
The Government Appeal is dismissed.
Order Date :- 27.11.2018 Jaideep/-