(1.) ON 17-7-1985, Food Inspector S. L. Lamba (PW11) alongwith Dr. Mohan Dev Saini (PW3) and one Paramjit took sample of cow's milk from the bulk of milk being carried by Munshi Ram accused on a bicycle. He was carrying cow's milk in two drums on his bicycle, each containing 16 kgs. of milk. The sample was divided into three equal parts and after adding two drops of formaline per 25 ml/gms was transferred and sealed into three dry containers. The Public Analyst vide his report Ext. PE found the sample to be deficient in milk fat by 7.5% and in milk solids not fat by 23.5%. On receipt of report Ext. PE from the Public Analyst, complaint Ext. PG was filed against the accused respondent.
(2.) BEFORE the trial Court, Mr. S. L. Lamba, appeared as PW- I besides examining Dr. Mohan Dev Saini as PWs. Onkar Singh (PW2) and Suraj Parkash (PW4) were examined in order to prove that the sample was kept intact till it was - tested by the Public Analyst. Paramjit (PW) was given up as having won over by the accused. The version of the accused-respondent before the trial Court was that of innocence and false implication contending that he was not carrying the milk for sale and rather was carrying 6 kgs. of milk to his maternal uncle's house in connection with some social function there when the Food Inspector met him at the bus Adda Hariana and forced him to sign some papers besides taking sample of the milk. In support of his defence he examined Paramjit Singh, the above referred witness given up by the prosecution and his maternal uncle Arjan Dass.
(3.) FEELING aggrieved against the order of acquittal the State has come up in appeal.