STATE OF HARYANA Vs. SURAJ MAL

JUDGEMENT

(1.) THIS is a State of Haryana Appeal against the order of acquittal dated 23.8.1985 of Sub Divisional (J) Magistrate, Hansi.

(2.) THE brief facts of the case which led to the filing of the present appeal are that Food Inspector, Hansi, filed a complaint for prosecution of the accused respondent under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration, 1954 (thereinafter referred to as the 'Act'). In brief, the allegation is that on 27.5.1982 at 6.45 p.m. Chand Ram Grewal, Food Inspector, accompanied by Dr Ramesh Kumar, Senior Medical Officer, and Shri Ganga Ram inspected/intercepted the premises of Suraj Mal, accused-respondent, who was found in possession of about 10 Kgs. of cow and buffalo milk for sale contained in a drum. The Food Inspector demanded a sample of 660 mlg. by giving him notice in writing on Form VI prescribed under the Act, 660 mlg of cow and buffalo milk was purchased for analysis from the respondent accused for Rs. 2.65 against a receipt. The purchased milk was divided into three equal parts in three dry clean bottles. The bottles were labelled, wrapped and sealed with distinct seals at the spot. One sealed bottled/packet of the sample was sent to the Public Analyst, Haryana, Chandigarh alongwith memo in Form VII in a cover by Railway Parcel. The other two bottles of sample alongwith two copies of memo VII bearing seal impression were handed over to Local Health Authority on 27.5.1982 with seal intact. As per report of the Public Analyst Exhibit PE the milk fat in the sample analysed was found 6.1% against 4.5% whereas the milk solids not fat were found 8.1% against 8.5%. As such the milk solids not fat were found 5% deficient of the minimum prescribed standard of 8.5%. As such the respondent had committed an offence under the Act.

(3.) AGGRIEVED against the order of acquittal the State has filed the present appeal.