STATE Vs. DEV RAJ

JUDGEMENT

(1.) THIS appeal has been filed by the State of Haryana against the order dated 13.3.1992 passed by the Additional Chief Judicial Magistrate, Rohtak, acquitting the accused-respondent of the charge under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act, 1954 (hereinafter, referred to as the Act).

(2.) THE facts in brief are that on 29.10.1985 Food Inspector Sant Lal along with Dr. S.S. Srivastava had intercepted the accused, who was having about 20 litres of unindicated milk in two cans for public sale. After disclosing his identity, Sant Lal, Food Inspector had purchased 660 mls. of milk from accused Dev Raj for Rs. 2.50 after serving notice upon him and after stirring the milk. Thereafter, the Food Inspector divided the milk into three equal parts and the same were bottled etc. in accordance with rules. One sealed bottle along with memo in form VII was sent to the Public Analyst in a sealed box through railway parcel. The Public Analyst in his report found the milk to be adulterated inasmuch as it was found that milk fat was 5.5% and milk solids not fat was 8.3% and in this manner milk fat was deficient by 8% and milk solids not fat was also deficient by 8%. Thereupon, the Food Inspector filed complaint before the Chief Justice Magistrate, against the accused.

(3.) WHEN the case came up for hearing before me on 13.8.2003, I had directed the concerned Officer from the office of the Director Health Services, Haryana to be present in Court on 27.8.2003 along with relevant record concerning the appointment of Sant Lal as Food Inspector. In pursuance thereof, Shri Gurmail Singh, Assistant from the office of Director General of Health Services, Haryana appeared in the Court along with the relevant file. Learned counsel appearing for the State also produced before me the covering letter received by him from the Director General, Health Services, Haryana along with photocopies of the various documents from the aforesaid file.