STATE OF HARYANA Vs. KEWAL KRISHAN

JUDGEMENT

(1.) THE Chief Judicial Magistrate, Kurukshetra, recorded acquittal of Kewal Krishan accused in a case under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, (hereinafter referred to as the Act) with regard to sample of milk purchased from him by the Food Inspector on October 3, 1977. The acquittal was recorded primarily on two grounds, firstly that as per report of the Public Analyst the fat contents found Acre 6 per cent and solids not fat 7 per cent and by clubbing the same it met the standard; secondly provisions of Section 13(2) of the Act were not complied with as it was not specified in the notice informing Kewal Krishan that if so desired he could make an application to the Court within a period of ten days from the receipt of the report of the Public Analyst, to get the sample examined by the Central Food Laboratory. The present appeal is filed by the State,

(2.) THE Full Bench of this Court in State of Punjab v. Teja Singh, 1976 PLR 433, held that the clubbing of the various constituents of the sample was not permissible under the law. Thus on this ground the acquittal of Kewal Krishan could not be ordered as has been argued by the counsel for the State. However, learned counsel for the respondent has urged that the order of acquittal can be maintained as provisions of Section 13(2) of the Act were not complied with. Exhibit PF is the notice which was sent to Kewal Krishan by the Local Health Authority, Kurukshetra. It reads as under :-

(3.) SINCE the mandatory provisions of Section 13(2) of the Act were not complied with in the present, there is no scope for setting aside the order of acquittal recorded by the trial Court. Dismissed. Appeal dismissed.