STATE OF PUNJAB Vs. BABU RAM

JUDGEMENT

(1.) ON 15-10-1981 Dr. S.S. Bhinder, a Food Inspector, inspected the shop of Babu Ram at Dhariwal along with some other doctors and found Babu Ram in possession of 10 kilograms of cow's milk which was meant for sale. After serving notice on Babu Ram respondent the Food Inspector purchased 660 mililitres of cow's milk by making payment vide receipt Ex. PG. The milk so purchased was divided into three equal parts and was put into three dry and clean bottles. The bottles were seated as per rules after 18 drops of formalin were added in each bottle as preservative. One sealed bottle was sent to the Public Analyst while the other two bottles were deposited with the Local Health Authority. The Public Analyst reported that the sample was deficient in milk fat by 50 per cent and in milk solids not fat by 19 per cent of the minimum prescribed standard. Prosecution was, thus, launched against the respondent in the Court of Chief Judicial Magistrate, Gurdaspur and a copy of the report of the Public Analyst was sent to the respondent.

(2.) THE respondent was tried for an offence under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act. He pleaded not guilty and claimed trial. When examined to explain the allegations appearing against him he contended that the case against him was false.

(3.) THE solitary question to be decided in this appeal is whether there was due compliance of the provisions of Section 3(2) of the Act. Learned counsel for the appellant contended that the respondent was informed well in time that prosecution had been lodged, in the Court of Judicial Magistrate, although name of the Court was not mentioned. No prejudice was caused to the respondent because only Chief Judicial Magistrate at Gurdaspur had the powers to bear cases under the Prevention of Food Adulteration Act pertaining to SubDivision Gurdaspur. The respondent did not show that any prejudice had been caused to him by not mentioning the name of the Court. Reliance was placed by the learned counsel on the case of Milswami reported as 1981 Criminal Law Journal N.O.C. 10 (Madras). It was held in this case :