STATE OF HARYANA Vs. RATTAN LAL

JUDGEMENT

(1.) ON 12th October, 1979, at 3.30 p.m. Sube singh, Food Inspector along with Dr. S.C. Mittal, Jogi Ram and Jai Kishan P. Ws. were present at the Halwai Shop of the respondent. The respondent had about 40 Kgs. of milk for sale at his shop. After disclosing his identity the Food Inspector demanded the sample of milk. The respondent refused to give the sample of milk and ran away from his shop and disappeared. It is alleged by the prosecution that in this way the Food Inspector was prevented by the respondent from taking the sample of the milk. The Food Inspector prepared the memo and recorded the statements of Jai Kishan and Jogi Ram and filed the complaint under Section 16(1)(c) and (d) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred as the Act) in the Court of the Sub-Divisional Judicial Magistrate, Safidon. The learned Magistrate acquitted the respondent on the ground that from the fact that the respondent refused to give the sample and ran away from his shop it cannot be held that he prevented the Food Inspector form taking the sample. Hence this appeal against has acquittal by the State of Haryana.

(2.) THE prosecution case is supported by Food Inspector Sube Singh (P.W. 1), Jai Kishan (P.W. 2,) Jogin Ram 4 (P.W. 3) and Dr. S.C. Mittal (P.W. 4). They deposed that the respondent refused to give a sample of milk and ran away from his shop and disappeared after leaving the shop. Section 16(1)(c) and (d) of the Act is in the following terms :-