STATE OF PUNJAB Vs. JAI GOPAL

JUDGEMENT

(1.) THIS is an appeal filed by the State of Punjab against the order of acquittal dated November 29, 1980, passed by the learned Sessions Judge. Rup Nagar.

(2.) THE original prosecution arose out of the proceedings under the Prevention of Food Adulteration Act, 1954 (hereinafter called the Act). The article in question was milk a sample whereof was taken by Dr. M.L. Jaiswal, Government Food Inspector, on 28th of March, 1978. The said sample was analysed, as per report of the Public Analyst, Exhibit P.E. indicate that the milk in question was deficient in milk solids not fat by 8.3% of the minimum prescribed standard. Considering the oral and the documentary evidence led by the prosecution which consisted of Dr. Jaiswal, Government Food Inspector, Dr. N.K. Singla and Avtar Singh, the learned trial Magistrate held that the prosecution was able to prove its case against the accused respondent and accordingly convicted him under section 16(1) (a) (i) of the Act and sentenced him to pay a fine of Rs. 1000/ -. The respondent went up in appeal and the learned Sessions Judge relying on the Single Bench decisions of this Court in Hans Raj v. The State of Punjab, 1980 F A. J. (P&H) 288 and Ujagar Singh v. The State of Punjab, 1980 (1) F.A.C. (Pb. & Hary.) 432 rather cryptically acquitted the respondent for the following reasons:

(3.) I shall now deal with the objection based on Rule 7 (3) of the Prevention of Food Adulteration Rules which reads as under: - -