HARISH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) HARISH Kumar is being tried for an offence under Section 7 read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act and by means of this petition he seeks quashing of the complaint Annexure P-1 and all consequent proceedings.

(2.) ACCORDING to the averments made in the complaint, the Food Inspector visited the premises of the petitioner and found him in possession of 18 litres of cow's milk for public sale. After serving him a notice in Form-VI, he purchased 660 mls. of milk as sample. The same was divided into three equal parts. 18 drops of formaline in each bottle were added as preservative. The bottles were stoppered, labelled and wrapped. One of the samples was sent to the Public Analyst who found the milk fats to be only 2.3% and milk solids not fat 8.1% thereby having deficiency of 42.5% in the milk fat and 5% deficiency in milk solids not fat.

(3.) THE learned Magistrate having found a legal error having occurred in adopting of the procedure, he made necessary amendment and reverted to the summary procedure and notice was then served.