UNION TERRITORY Vs. GHANSHAM DASS

JUDGEMENT

(1.) THIS appeal is directed against the order, of Additional Sessions Judge, Chandigarh dated 9th of July, 1986 whereby order of conviction passed by the trial Court against Ghansham Dass respondent under section 16 (1) (a) (i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act) and sentenced to undergo rigorous imprisonment for nine months and to pay a fine of Rs. 1,000/- and in default of payment of fine to undergo further rigorous imprisonment for four months was set aside.

(2.) IN brief facts relevant for the disposal of this appeal are that on 23. 2. 1984, Shri N. K. Sharrna, Food Inspector went to the shop of the accused and there he found 10 Kg. of cow's milk meant for sale. The Food Inspector after giving notice purchased 660 ml. of cow's milk for the purpose, of analysis on payment of Rs. 2. 50 as its price. The purchased milk was then transferred into three dry and clean bottles. . After adding preservative the bottles were duly sealed as per rules. One such sample was sent to the Public Analyst who opined that milk solids not fat were 7. 9 percent as against the minimum standard of 8. 3 per cent. In support of the complaint filed by the Food Inspector, he himself appeared as P. W. 1, whereas clerk from the Local Health Authority appeared as P. W. 2. The plea taken by the accused was that the sample was taken without stirring the milk.

(3.) WE have heard the learned counsel for the parties and have carefully perused the record.