MUNICIPAL COMMITTEE Vs. JASWANT SINGH

JUDGEMENT

(1.) BY this judgment the following two criminal appeals filed by the Municipal Committee, Amritsar, will be decided as the points of law involved in both these appeals are the same:

(2.) THE facts of Criminal Appeal No. 1150 of 1971 are that on 19th September, 1970, at about 11 A. M. , Shri Ram Saran Dass, Food Inspector of the Municipal Committee, Amritsar was present outside Chati-wind Gate, Amritsar, near the octroi post and Dr. R. P. Bhatia was also with him. Jaswant Singh accused came there with about 12 litres of cow's milk for sale and the Food Inspector, after disclosing his identity and serving notice Exhibit PA on him purchased 660 ml. of milk from him on payment of 65 paise as price. The sample was then divided into three equal parts and was put in three clean and dry bottles. The Food Inspector added 18 drops of formalin preservative of the prescribed standard to each sample bottle and then the bottles were stoppered, labelled, wrapped and sealed. One sealed bottle was given to the accused and the other sealed bottle was given to the Public Analyst for analysis and the third bottle was kept by the Food Inspector. The Public Analyst in, his report Exhibit P. F. gave the result of the analysis of the sample as follows: Milk fat = 5. 3 per cent milk solids not fat = 8. 2 per cent instead of 8. 5 percent. He gave the opinion that the sample of cow's milk was adulterated under Section 2 (i) (b) of the Prevention of Food Adulteration Act. The Food Inspector thereafter filed complaint against the accused Jaswant Singh and after recording the preliminary evidence, the Judicial Magistrate Ist Class, Amritsar, framed charge against the accused under Section 16 (1) (a) (i) read with Section 7 of the said Act on 10th November, 1970. The learned Magistrate held that there was only a deficiency of. 3 per cent in milk solids not fat and in view of the law laid down in Municipal Corporation of Delhi v. Om Prakash 1970 Crl. L. T. 1047 (Delhi) this deficiency was negligible and, therefore, the benefit of doubt must be given to the accused. As a result, he acquitted the accused of the offence with which he was charged, Feeling aggrieved, the Municipal Committee, Amritsar, filed this appeal and the leave to file the appeal was given by the Motion Bench on 25th October, 1971.

(3.) IN the second appeal (Criminal Appeal No. 1393 of 1971), Harbans Singh accused was intercepted by the Food Inspector, Shri Satya Paul Sharma, on 11th April, 1970, at 9,15 A. M, and after complying with the requisite formalities he purchased 660 ml. of cow's milk from him on payment of Re. 0. 70 and thereafter this milk was divided into three equal parts and then put into three dry and clean bottles and after adding the requisite quantity of formalin the bottles were labelled, stoppered, securely fastened and sealed. One of those bottles was given to the accused and the other was sent to the Public Analyst for analysis and the third was kept by the Food Inspector. The Public Analyst in his report Exhibit P. F. mentioned that the result of analysis of the sample sent to him was as follows: Milk fat = 5. 1 per cent milk solids not fat = 6. 8 per cent instead of 8. 5 per cent.