STATE OF M. P. Vs. DEEMAK CHAND

JUDGEMENT

(1.) Being aggrieved by the judgment and order of acquittal passed by the Chief Judicial Magistrate, Chhindwara, the State of Madhya Pradesh, has filed this appeal under section 378(3) of the Code of Criminal Procedure for setting aside the judgment and order of the trial Court. By the impugned judgment and order dated 30-8-1989 the accused/respondent Dimak Chand was acquitted of the offence punishable under section 7(i) read with section 16(1)(a)(i) of Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the 'Act'). Leave to appeal was granted on 10-1-1990.

(2.) The case of the prosecution, in short, is that the respondent was a milk vendor. On 13-8-1986 he was carrying two containers of milk on a bicycle. P.W.1, T. P. Tiwari, the Food Inspector, exercising jurisdiction over Parasia accosted the respondent and disclosed his identity. On being questioned, the respondent informed the Food Inspector that he was carrying the mixed milk of buffalo and cow for sale. The Food Inspector expressed his desire to purchase the milk for the purpose of analysis. He served a notice in writing of his intention to have the milk analysed. He, having purchased 660 mili litre of milk from the respondent, divided it into three equal parts in three different bottles, marked, sealed fastened them and took signatures of respondent.

(3.) The Food Inspector sent one of the parts for analysis to the Public Analyst under intimation to Local Health Authority and sent the remaining two parts to the said Authority. The Public Analyst, after analysis of the sample, reported that the milk did not conform to the standard prescribed under the law for a mixture of buffalo and cow milk and was therefore, adulterated. A copy of the report with required intimation was forwarded to the respondent. After complying all the formalities the Food Inspector filed a complaint against the respondent for the offence punishable under section 7(i) read with section 16(l)(a)(i) of the Act.