STATE OF PUNJAB Vs. JIT SINGH

JUDGEMENT

(1.) ON May 31, 1983, Jagrup Singh, Food Inspector intercepted Jit Singh respondent near Gulabi Bagh, Moga in the presence of Dr. Bhagwan Dass, at about 10.00 A.M. when he was carrying 20 litres of cows' milk in a drum for sale. After disclosing his identity the Food Inspector purchased 660 milliliters of milk as a sample on payment of Rs. 2/- vide receipt Ex PB. The sample was divided into three equal parts and was duly sealed in three dry and clean bottle as per rules after requisite quantity of formalities was added as preservative. One sample was sent to the Public Analyst and the other two were deposited with the Local Health Authority, Faridkot. The Public Analyst vide his report Ex. PB found that the sample contained milk fat 4 per cent and milk solid not fat 7.5 percent. It was deficient in milk solids not fat by 12 per cent of the minimum prescribed standard and was, thus, adulterated. On receipt of the report prosecution of the respondent was launched in the Court of Shri G.S. Sewak, Judicial Magistrate Ist Class, Moga. The respondent was charged for an offence under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act. He pleaded not guilty and claimed trial, After trial the learned trial Court found that the charge against the respondent was proved and, thus, convicted and sentenced him to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1000/- vide judgment dated 29.3.1985. Against this judgment Jit Singh preferred an appeal which was accepted by Shri KS. Kauldhar, the learned Additional Sessions Judge, Faridkot. He set aside the conviction and sentence of the respondent and acquitted him as per judgment dated 4.2.1986 which is assailed by the State of Punjab by way of this agapel.

(2.) WE have heard Shri Randhir Singh, Assistant Advocate General, Punjab, the learned counsel for the appellant and Shri H.S. Gill and Shri G.S. Gill, Advocates, learned counsel for the respondent and have perused the record.

(3.) IN the present case the sample was taken by Jagrup Singh Food Inspector, Faridkot and he filed the complaint. He produced copy of the notification issued' by the Health department on 7.9.1972 vide which he was appointed as Food Inspector for the local areas in District Faridkot. This notification was challenged in the case of A.K. Roy and another v. State of Punjab and others, 1986(2) R.C.R.(Criminal) 569 : 1986(2) C.L.R. 697and it was held to be ultra vires. It was further observed that the Food (Health) Authority and Food Inspector, Faridkot were not competent to file complaint for an offence under Section 16(1)(a)(ii) of the Act. The respondent was entitled to acquittal on this ground also that the complaint was not filed by a duly authorised person and the Court could not take cognizance of the offence. The finding of acquittal recorded by the learned lower Appellant Court is, therefore, correct and is hereby affirmed.