UNION TERRITORY CHANDIGARH Vs. JAMUNA PARSHAD

JUDGEMENT

(1.) This appeal is directed against the order of Additional Sessions Judge, Chandigarh, dated 9/07/1986, whereby the order of conviction dated 17/12/1985, passed by the Chief Judicial Magistrate, Chandigarh, against Jamna Parshad (present respondent) convicting him under Section 7 read with Section 16(1)(a)(i) of the Prevention of Food Adultration Act (hereinafter referred to as the 'Act') and sentencing him to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1,000.00 and in default of payment of fine further undergo rigorous imprisonment for four months was set aside and Jamna Parshad was acquitted.

(2.) In brief, facts relevant for the disposal of this appeal are that on 23/02/1984, Balbir Singh, Food Inspector went to the shop of Jamna Parshad accused in Sector 7, Chandigarh. The Food Inspector after disclosing his identity and after giving due notice purchased 660 mls. of cow milk for the purpose of analysis on payment of Rs. 2.40 p. as its price. The sample so taken was put in three dry and clean bottles and after adding preservative, these bottles were separately sealed in accordance with the rules. One such bottle was sent to the Public Analyst, who vide his report opined that the milk solids not fat were 7.3% as against the prescribed standard of 8.3% and the same were thus found to be 14% deficient of the minimum prescribed standard. On this ground the Food Inspector filed complaint against Jamna Parshad.

(3.) Besides Balbir Singh, Food Inspector, a Clerk from the Local Health Authority was also examined. Ashok Kumar was cited as a witness by the prosecution but given up and was examined by the accused in his defence.