HARYANA STATE Vs. RANG SINGH

JUDGEMENT

(1.) DETAILED facts of the prosecution case have been given in the impugned judgment of acquittal passed by Sub Divisional Judicial Magistrate, Dabwali, acquitting the accused of an offence under Section 16(1)(i) read with Section 7 of the Prevention of Food Adulteration Act, 1954 thereinafter called the Act.)

(2.) A sample was collected out of 30 kilograms of cow's milk from the possession of the accused by the Food Inspector on 13.11.1981. After completing necessary procedural formalities the sample was sent for analysis and the same was found deficient in its contents and as such adulterated vide Public Analyst's report Ex. PE. Standard of purity of cow's milk given in Item no. A.11.01.11 of Appendix B of the Act as applicable to the State of Haryana is : Minimum percentage Milk fat 4.0 Milk Solids not fat 8.5. When compared to this standard of purity laid down under the statue, (vide Ex. PE) deficiency in Milk fat was found to be 70 per cent. Milk solids not fat was not found deficient, rather it was founding excess.

(3.) AFTER consideration of prosecution evidence on record and allegations in the complaint Ex. PF, the Trial Court came to a conclusion that there was no reliable evidence on record to suggest that the milk was properly stirred before sample was collected from the whole milk in question weighing 30 kilograms. Non mentioning of "stirring of milk" in the complaint Ex. PF was also taken note of with seriousness by the Trial Court. Taking cumulative effect of these facts on record. Trial Court recorded a positive finding that milk was not stirred and made homogeneous before taking sample and as the sample was not representative in nature, accused cannot be convicted.