STATE OF U.P. Vs. RAJA RAM

JUDGEMENT

(1.) THIS appeal by the State of Uttar Pradesh is directed against an order of acquittal passed by the learned Sessions Judge of Orai in Criminal Appeal No. 34 of 1963. The Respondent was prosecuted under Section 16 read with Section 7(1) of the Prevention of Food Adulteration Act for selling adulterated milk on 18.7.1962 within the municipal limits of Orai. A sample of his milk was taken by the Food Inspector Sri Basant Singh (P.W. 1) according to the rules and a part of it was sent to the Public Analyst for his analysis and report. The report of the Public Analyst shows that the sample was found deficient in non fatty solids contents by about 26%. The trial magistrate on the basis of evidence held the charges established against the Respondent and convicted and sentenced him to pay a fine of Rs. 6700/ - or to undergo thirty days rigorous imprisonment in its default.

(2.) ON appeal the learned Sessions Judge concurred with the findings of the trial court that the Respondent was found selling milk in the town of Orai and that sample of that milk was obtained by the Food Inspector on payment of price. He was however, of opinion that as the report of the Public Analyst was not in accordance with the prescribed form No. III it was inadmissible in evidence and therefore the charge was not proved against the Respondent. Accordingly he allowed the appeal and acquitted him.

(3.) THE learned Sessions Judge fell in an error when he held that the report of the Public Analyst was not in the form prescribed under the rules.