STATE OF PUNJAB Vs. SABHU RAM

JUDGEMENT

(1.) SABHU Ram accused-respondent was tried for an offence Under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act by Shri G.S. Dhaliwal, Judicial Magistrate Ist Class, Fazilka. He was held guilty and was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1000/-. Against this judgment Sabhu Ram filed an appeal which was accepted by Shri J.C. Aggarwal, the learned Additional Sessions Judge, Ferozepur, vide his judgment dated 25-11-1982. It is this judgment acquitting the respondent which has been assailed by way of this appeal by the State of Punjab.

(2.) THE prosecution case, in brief, was that on 18-9-1977 the respondent was found in possession of 50 kilograms of unindicated milk for sale in the area of city Abohar when he was intercepted by Dr. S K. Gupta Food Inspector who purchased 660 mili-litres of milk. The milk so purchased was divided into three parts and was sealed in three dry and clean bottles as per rules. One of the bottles was sent to the Public Analyst who on analysis, submitted his report showing that the sample contained milk fat 6.5 per cent and milk solids not fat 8.6 per cent. It was deficient in milk solids not fat by 4 per cent of the minimum prescribed standard and was thus adulterated.

(3.) WE have heard Shri Randhir Singh, Assistant Advocate General, Punjab, for the appellant, Shri A.K. Chopra, Advocate, for the respondent and have perused the records.