STATE OF PUNJAB Vs. HAZARA SINGH

JUDGEMENT

(1.) THE present respondent, Hazara Singh, was tried in the Court of Chief Judicial Magistrate, Rupnagar for having committed an offence under section 16(1)(a)(i) of the Prevention of Food Adulteration Act (for short the Act). The said Court acquitted him. Feeling aggrieved, the State of Punjab has come to this Court in appeal.

(2.) BRIEF case of prosecution is that on 22.8.1979, at 9.20 a.m., PW1 Dr. Gian Singh, exercising the powers of Food Inspector, was present in Nangal, PW2 Dr. Manmohan Singh was with him. The respondent was seen coming on a bicycle; carrying a drum. He was stopped. The drum was found to contain 25 kg of cow milk for sale. Dr. Gian Singh disclosed his identity to the respondent. He purchased 660 ml. of milk from the respondent, after observing the formalities, prescribed under the Act and the Rules framed there under. He divided the purchased milk into 3 equal parts and put each part in one dry and clean bottle. 18 drops of formalise were added to each bottle as a preservative. The bottles were then stoppered, sealed and wrapped in the manner prescribed under the Act and the Rules. One bottle was sent to the Public Analyst, who, vide his report Ex. PE, opined that the sample milk contained 4.4.% milk Fat, while Milk-solids-not-fat were deficient by 22.0 per cent, as their contents in the milk was only 6.6%. Thus in the opinion of the public Analyst, the milk was adulterated. On receipt of the report of the Public Analyst, PW1 Dr. Gian Singh lodged prosecution against the respondent.

(3.) IN his defence, the respondent examined DW1 Gurdial Singh who is Sewader in Gurdwara Bhagaur Sahib. He simply stated that Hazara Singh, Bhagat Singh and other have been offering milk, wheat and grain to the Langar of the said Gurdwara for the last so many years. He also stated that the respondent does not sell milk.