(1.) Sample of cows milk collected by Government Food Inspector Sant Lal Anand from Mohan Lal accused on 16th June, 1978 from his business premises No.52, Model Town, Panipat, in the presence of Dr. C.P. Singh and an independent witness of the locality named Hans Raj was found to be adulterated on analysis by the Public Analyst vide his report Exhibit PD. According to the report, the milk fat obtaining in the sample was only 3 per cent while the milk solids not fat were 6.4 per cent. The sample having been found to be deficient in both was characterised as adulterated.
(2.) On being charged with the commission of the offence under section 16(1) (a) (i) of the Prevention of Food Adulteration Act, 1954 accused Mohan Lal pleaded not guilty thereto and claimed to be tried. Learned trial court convicted the accused vide its judgment dated Aug. 5, 1982. In Criminal Appeal No.36 of 1982 decided on Feb. 3, 1983 learned lower Appellate Court acquitted the accused on the grounds of non-compliance of the mandatory provisions of rules 16 and 17(a) of the Prevention of Food Adulterations Rules, 1955 by the Food Inspector and the local Health Authority. Feeling aggrieved therefrom the State of Haryana has filed Criminal Appeal No.429-9BA of 1983 in this Court.
(3.) We have heard Shri J.S. Dhillon, AA. G. Haryana for the appellant State, Shri R.S. Cheema, Sr. Advocate, with Sarvshri S.S. Narula and M.S. Sidhu, Advocates, for the respondent and carefully perused the record.