STATE OF HARYANA Vs. BALKAR SINGH

JUDGEMENT

(1.) State of Haryana has preferred present appeal against order of acquittal dated 9th May, 2001 passed by Chief Judicial Magistrate, Sirsa acquitting Balkar Singh, who was tried in a complaint instituted by Government Food Inspector, Sirsa for offence under Section 7 read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as, 'the Act').

(2.) The case as set out in the complaint was that on 6th September, 1997 at about 8.30 a.m. in the area of village Bhamboor, accused Respondent was intercepted and at that time, he was found in possession of 60 kilograms of cow milk for public sale. The milk was contained in two iron drums. The Food Inspector, after disclosing his identity, purchased 750 ml of cow milk. Three samples were drawn in separate empty bottles in accordance with the procedure prescribed and one of them was sent for analysis to the Public Analyst Haryana, Chandigarh, who submitted its report finding that the milk was adulterated, as the milk-solid-not-fat was deficient by 7 percent than the minimum standard prescribed. The accused-Respondent was summoned, tried and ultimately acquitted and discharged by the order under appeal. The trial Court recorded acquittal of the accused-Respondent, after noticing the contention of the defence counsel as under:

(3.) After having noticed the contention of the defence counsel, the trial Court acquitted the accused Respondent by observing as under: