JIWNA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE prosecution story in brief is that on 20th January, 1976 P.W. 1 Dr. Kulbhushan Kumar, Food Inspector, accompanied by P.W. 2 Dr. B.S. Nanda, intercepted Jiwna petitioner in front of primary Health Centre, Sadhaura. The petitioner was found carrying 22 Kg of cow milk. After observing necessary formalities, P.W. 1 Dr. Kulbhushan purchased 660 ml of milk from the accused. The formalities about dividing the sample into 3 parts and sealing and labeling them were complied with. Other formalities regarding sending one part of the sample to the Public Analyst as well as the impression of the seal used were also complied with. The Public Analyst vide his report Exhibit PD opined that the milk was adultered inasmuch as milk fat was 12.5 per cent and milk solid not fat 33 per cent deficient of the minimum prescribed standard. The report is dated 29th January, 1976. On receipt of the report the food Inspector filed complaint against the petitioner on 20th February, 1976.

(2.) P .W. 1 Dr. Kulbhushan Kumar, Food Inspector, and P.W. 2 Dr. B.S. Nanda supported the prosecution version already given above.

(3.) IN his defence the accused-petitioner examined D.W.1 Tara Singh who merely stated that the accused was a labourer and did not sell milk.