STATE OF PUNJAB Vs. RAMESH KUMAR

JUDGEMENT

(1.) THIS appeal preferred by the State of Punjab against the acquittal of respondent Ramesh Kumar on a charge under Section 16 (1) (a) (i) of the Prevention of Food Adulteration Act, 1954. is concluded in favour of the appellant by the Full Bench judgment of this Court in State of Pun-lab v. Teia Singh. 78 puni LR 433 : 1976 Cri LJ 1648

(2.) ON 20th July, 1979. Dr. M. L Jaiswal. Government food Inspector along-with Dr. Ramesh Kumar Gupta visited the premises of the respondent at Rup Nagar and purchased 600 grams of cows' milk curd for analysis. Whole of the curd weighing about 4 kgs. was lying in an earthen pot for sale. After completing all the formalities, the sample was later on sent to the Public Analyst for analysis. Subsequently Public Analyst, vide report Exhibit P. D. disclosed that the milk fat was 6. 6% as against the requisite standard of 4% i. e. the milk fat was more by 2. 6% and the milk solids not fat was found to be. 7. 7% as against the requisite standard of 8. 5% i. e. the milk solids not fat were less by 0. 8%

(3.) THE complainant besides himself coming into the witness box as P. W. 1. examined Dr. H. R. Dewan. P. W. 2 and Dr Romesh Kumar. P. W. 3 and also proved the necessary documentary evidence with regard to the purchase of sample from the respondent. The respondent denied the prosecution allegations and pleaded false complicity in the case but led no evidence in defence.