STATE OF HARYANA Vs. SATPAL SINGH

JUDGEMENT

(1.) THIS appeal is directed against the order dated May 22, 1984, passed by the Judicial Magistrate Ist Class, Ambala Cantt, dismissing a complaint filed under section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954, by Shri C.L. Grover, Food Inspector, for want of prosecution and acquitting the accused.

(2.) ACCORDING to the prosecution, the Food Inspector C.L. Grover along with Dr. V.K. Gupta and one Ishwar Parkash took sample of cow milk being carried in five drums on motorcycle by the accused on August 28, 1978, at about 10.30 a.m. The sample was divided into three equal parts and after adding the necessary preservative it was sealed in three bottles and the usual formalities were completed. The Public Analyst found the sample to be deficient in milk fat to the extent of 98.7 per cent. Complaint was filed. The Local (Health) Authority informed the accused about the result of the analysis and about his right to send another part of the sample to the Central Food Laboratory.

(3.) THE accused denied the evidence and circumstances appearing against him and stated that he was carrying 'Separata' milk. It was so written on the drums and he informed the Food Inspector at the spot, but the Food Inspector forcibly wrote cow's milk on the sample. He wrote in his own hand the words 'Separata milk' at the time of putting his signatures on the papers. The Food Inspector felt offended and he had, therefore, been falsely implicated. He examined Inder Singh DW-1 in defence.