STATE OF PUNJAB Vs. SUBHASH CHANDER

JUDGEMENT

(1.) THE State of Punjab has preferred this appeal against the judgment dated 7.5.1998 passed by the Sub Divisional Judicial Magistrate, Phagwara in Complaint No. 34-II of 1.8.1996 under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (for short "the Act") whereby the accused Subhash Chander was acquitted of the charge.

(2.) BRIEFLY , the prosecution story is that a complaint under Section 16(1)(a)(i) of the Act was filed by the Food Inspector Dr. Darshan Pal Singh Bawa on the allegations that he inspected the premises of Subhash Chander on 29.5.96 at about 12.00 p.m. and found him having in his possession about 25 kgs of Sepratta milk for sale contained in drums and demanded a sample of sepratta milk giving him in writing on form VI prescribed under the Prevention of Food Adulteration Rules 1955, after making solution homogeneous 750 mls of separatta milk was purchased for analysis from Sh. Subhash Chander for Rs. 3/- and receipt of the payment was obtained then he divided the food articles so purchased into three equal parts, put into three dry and clear bottles. Two drops of formalin per 25 ml were added as preservative in each bottle. The bottles were labelled, stopped and wrapped in a strong thick paper. A paper slip having code number 67145/PKM 181/96 duly signed by local Health Authority Kaputhala was pasted with gum around the sample and then were secured by means of strong twine and with five seals at the spot. The signature of Sh. Subhash Chander was taken partly on the slip and partly on wrapper. One sealed sample bottle was sent to the Public Analyst, Punjab, Chandigarh along with form VII bearing seal impression through Sh. Nikka Ram peon class IV of the local Health Authority, Kaputhala and a memorandum in form VII bearing seals impression was also sent through Sh. Nikka Ram in sealed cover separately two sealed samples along with one copy of memorandum were deposited with the local Health Authority Kapurthala. After receiving the report of the Public Analyst, Punjab, Chandigarh the present case was filed.

(3.) IN his statement recorded under Section 313 Cr.P.C., the accused denied the prosecution allegations in toto and re-affirmed his innocence.