STATE OF U P Vs. BECHE SINGH

JUDGEMENT

(1.) P. P. Gupta, J. This is a criminal appeal filed on behalf of the State of U. P. against the judgment and order dated 7-11- 1978 passed by Sri L. Dungrakoti, Additional Sessions Judge, Almora, in Criminal Appeal No. 32 of 1978 (A) allowing the appeal of the accused-appellant, viz. Beche Singhand acquitting him of the charge under Section 7/16 of the Prevention of Food Adulteration Act.

(2.) THE brief facts giving rise to this appeal are that Sri D. D. Pant, Food Inspector, Almora, on 5-7-1977, at about 7. 00 a. m. , purchased 750 ml. buffalo milk against payment of Rs. 1. 50 as price thereof after giving notice in Form VI and issuing receipt of payment Ex. Ka-2. THE sample of milk was divided into three portions and each portion was sealed and lebelled. One of the samples was sent to the Public Analyst, Lucknow for chemical exami nation. It was found to contain 5. 2% fat contents and 9. 5% non-fatty solids. According to the report of the Analyst, (Ex. Ka-6), the sample was found adulterated. THE Chief Medical Officer, Almora accorded sanction, (Ex. Ka-10.) for the prosecution of the accused. A complaint, thereafter, was filed on 27-2-1978. THE notice about the result of the report of the Public Analyst was also given to the accused on 21-2-1978 by registered post vide postal receipt (Ex. Ka-9 ). THE learned Magistrate relying upon the prosecution evidence convicted and sentenced the appellant. Feeling aggrieved, he preferred an appeal which was allowed by the learned Additional Session Judge. Being dissatisfied from the judgment and order of the learned Additional Sessions Judge, the State of U. P. has come up in an appeal before this Court.

(3.) THERE is another serious illegality committed in this case. Under the provision of Section 13 (2) of the Act, a duty has been cast under sub-section (2) on the Local (Health)Authority to send a copy of the result of the analysis to (1) the person from whom the sample of the article of food was takenand (ii) the person, if any, whose name, address and other particulars have been disclosed under Section 14-A informing him that he should make and applica tion, if he so desired, to the court within a period of ten days from the date of receipt of the aforesaid copy, to get the sample of the article of food kept by the Local (Health) Authority analysed by the Central Food Laboratory. It goes without saying that the requirement of Section 13 (2) must be conformed to the letter of the law.