STATE OF PUNJAB Vs. MOHINDER SINGH

JUDGEMENT

(1.) ON 7-7-1981 Dr. Kuldip Singh intercepted Mohinder Singh respondent in the presence of Dr. S.S. Khera and Pritam Singh PW near village Behrampur while he was having 60 kilograms of cow's milk in his possession for sale. He purchased 660 mililitres of milk for analysis after disclosing his identity and the milk so purchased was put into three dry and clean bottles. After formalin was added, the bottles were duly scaled. One sealed bottle was sent to the Public Analyst, Punjab, Jalandhar and the other two bottles were deposited with the Local Health Authority. The Public Analyst vide his report Ex. PE opined that the sample contained milk fat 7.6 per cent and milk solids not fat 8 per cent. The same was deficient in milk solids not fat by 6 per cent of the minimum prescribed standard. On receipt of the report of Public Analyst Ex. PE a complaint was filed against the respondent for an offence under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act. The respondent was tried for the offence by Shri R.L. Anand, Additional Chief Judicial Magistrate, Kapurthala, who found him not guilty and acquitted him vide his judgment dated 31-1-1984 which has been assailed by the State of Punjab by means of the present appeal.

(2.) IT was argued on behalf of the appellant that milk solids not fat found in the sample were 8 per cent which were deficient of the minimum prescribed standard and the milk was, thus, adulterated. The fact that the contents of milk fat were found in excess of the minimum prescribed standard did not absolve the respondent from his criminal liability of the offence of selling adulterated article. The percentage of various constituents of milk disclosed by the Public Analyst could not be added in order to deduce a conclusion therefrom about the over-all deficiency or otherwise of the milk from its prescribed standard. The argument addressed by the learned Deputy Advocate General Punjab, is, however, devoid of merit as it has been held in various authorities of this High Court that when milk solids not fat constituents are slightly deficient and milk fat contents are in excess of the minimum prescribed standard then no inference can be drawn that the milk was not pure. In the case of Hans Raj v. The State of Punjab, 1980(2) Food Adulteration Cases 396, it was held :-