STATE OF HARYANA Vs. BHAGWAN DASS

JUDGEMENT

(1.) BHAGWAN Dass respondent was intercepted on Railway Road, Tohana, District Hissar by Shri Milkhi Ram, Food Inspector, Dr. O.P. Sarwal, Deputy CMO (H) Hissar and Bhur Singh while he was carrying cow's milk in a drum for sale. After disclosing his identity the Food Inspector purchased 660 ml. of milk from Bhagwan Dass respondent on payment. The milk was divided into three equal parts and was put in three dry and clean bottles. The bottles were properly stopped, wrapped and scaled. One sample was sent to the Public Analyst for analysis, the second was given to the respondent and the third was kept in safe custody. On analysis the sample was found to be adulterated by the Public Analyst. After serving the report of the Public Analyst on the respondent, a complaint was filed in the Court of Chief Judicial Magistrate First Class, Hissar in which the respondent was summoned to stand trial.

(2.) SHRI Milkhi Ram, Food Inspector and Dr. O.P. Sarwal took stand in the witness box and testified about the taking of sample. The accused denied the fact of the sample being adulterated. The learned trial Judge found that the milk was not stirred before taking the sample and acquitted Bhagwan Dass respondent of the charge.

(3.) THE only question in this appeal is whether the milk was made homogenous stirring before the sample was taken whether this fact is proved in a satisfactory manner on the record.