MUNICIPAL COMMITTEE, AMRITSAR Vs. SHORI LAL

JUDGEMENT

(1.) The Municipal Committee, Amritsar, through its Executive Officer, has filed this appeal under Section 417, Criminal Procedure Code, against the judgment dated September 26, 1970 of the Additional Sessions Judge, Amritsar (Shri K.S. Bhalla) whereby he accepted the appeal of Shori Lal respondent and set aside his conviction and sentence under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act and acquitted him. Leave to appeal was granted by a Division Bench of this Court on February 8, 1971.

(2.) Briefly, the facts of the case are that on October 2, 1967, at about 7.30 a.m., Food Inspector Krishan Kumar (PW-1) in the presence of Dr. Joginder Singh (PW-3) intercepted Shori Lal, a milk vendor, outside Hall Gate Amritsar, near Takia Zahira Pir. In the meantime, Kartar Singh (PW-2) and Sukhdev Raj (PW-4) arrived there and they both were also joined by Shri Krishan Kumar (PW) with him, for being a witness to the taking of the sample of milk from Shri Lal. At that time, Shori Lal respondent was carrying 20 litres of cow's milk, contained in a Valtohi, for sale. The aforesaid Food Inspector gave notice Exhibit P.A. about his intention to take the sample of cow's milk for analysis, after disclosing his identity to him. Thereafter, he purchased 660 M.L. of cow's milk as sample from the respondent on payment of 60 paise vide receipt Exhibit P.B. He then divided the purchased sample of milk into three equal parts and transferred each part into a clean and dry bottle. He also added 16 drops of formalin as a preservative in the contents of each bottle. Those three bottles were then stoppered, fastened, wrapped, labelled and sealed separately. One of the sealed bottles was handed over to the respondent vide memo Exhibit P.C., which was thumb marked by Shori Lal and attested by Sukhdev Raj amd Kartar Singh (PWs). Second sealed bottle, along with memo Exhibit P.D., and specimen seal Exhibit P.E., was sent to the Public Analyst for analysis and the third sealed bottle remained with the Food Inspector. The Public Analyst, vide his report dated October 4, 1967 Exhibit P.F., found the sample to be adulterated and the result of his analysis was as follows :-

(3.) The Food Inspector filed complaint Exhibit P.G. against Shori Lal respondent in the Court of the Judicial Magistrate First Class, Amritsar (Shri G.L. Chopra). After recording the statement of the Food Inspector, that Court summoned Shori Lal respondent and framed charge under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954, against him. During the trial, the sample bottle of milk, given to the respondent, was sent to the Director, Central Food Laboratory, Calcutta, at the instance of the respondent. The Director, Central Food Laboratory, vide his certificate Exhibit P.L. dated November 4, 1969, reported as follows :-