Court No. - 13
Case :- GOVERNMENT APPEAL No. - 870 of 2001 Appellant :- State Of U.P. Respondent :- Tulsi Ram Counsel for Appellant :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned A.G.A. for the State-appellant.
By way of instant government appeal, prayer has been made on behalf of State-appellant to grant leave to appeal against the judgment and order dated 20.10.2000 passed by VIth Additional Sessions Judge, Basti whereby the accused-respondent - Tulsi Ram was acquitted of the charge under Section 17(i)/16(i)(A)(i) of The Prevention of Food Adulteration Act, 1954 Police Station - Dumariyaganj, District - Siddharthnagar.
As per prosecution version, on 13.10.1987 at about 08.00 A.M., accused-respondent Tulsi Ram was apprenhended by Food Inspector, Dumariyaganj and adulterated buffalo milk was recovered from his possession.
Perused the impugned judgment and order of acquittal. The accused-respondent was acquitted by learned trial court on the ground that prosecution sanction (Ex.Ka.8) was not recorded by A.K. Banerji, the Chief Medical Officer, Basti by himself, but by P.W.2 Harbansh Yadav (scribe) on his dictation. The prosecution sanction was recorded on printed format, for which no reason was assigned by the C.M.O. concerned.
The view taken by the learned trial court is possible one, based on reasoning. I find no illegality in the impugned judgment and order of acquittal passed by the trial court.
In view of above, the application seeking leave to appeal is rejected and consequently, the instant appeal stands dismissed.
Order Date :- 26.7.2018 I. Batabyal