STATE OF PUNJAB Vs. SOM NATH

JUDGEMENT

(1.) SAMPLE of boiled unindicated milk obtained by the Government Food Inspector Dr. P. K. Goyal from Som Nath accused on 2Ist February, 1980 at his Bhiwanigarh shop in Sangrur district of Punjab State was found to be adulterated. Vide its impugned judgment dated 10th August, 1981 learned trial court convicted him of the commission of the offence under section 7 read with section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 and sentenced him to undergo rigorous imprisonment for a period of 6 months and to pay Rs. 1000/- as fine. In default of payment of fine, convicted, accused was ordered to undergo rigorous imprisonment for a further period of 3 months.

(2.) IN Criminal Appeal No. 100 filed on 4th September, 1981 learned lower Appellate Court vide its impugned judgment dated 9th December, 1981 set aside the conviction and sentence recorded by the learned trial court on 20th August, 1981 and acquitted the accused. Feeling aggrieved from the judgment of acquittal aforesaid State of Punjab has filed Criminal Appeal No. 201-DBA of 1982 in this Court.

(3.) A reference to the report of Public Analyst Exhibit PD brings out that the milk fat in the sample, was 604 per cent as against prescribed 3 per cent while milk solids not fat were 805 per cent as against prescribed 9 per cent i.e. 205 per cent less then the prescribed standard. Similar shortage came to be discussed in Hans Raj v. The State of Punjab, 1980(2) Food Adulteration Cases 396 wherein it was observed, "When the fat content in the milk, is much higher than the minimum prescribed standard it has necessarily to be inferred that no water had been added to the milk and that the non-fatty solids contained below the standard prescribed could justify that either the cow from the udders of which the milk was drawn was not given the proper feed or that the Public Analyst's report was erroneous but not the inference that the milk in the question was not pure."