UNION TERRITORY OF CHANDIGARH Vs. PRITAM SINGH

JUDGEMENT

(1.) THIS Criminal Misc. has been filed under Section 378 (3) of the code of Criminal Procedure for leave to appeal by the Union Territory, Chandigarh, against the judgment dated 5. 6. 2007, rendered by Chief Judicial Magistrate, chandigarh vide which the accused-respondent was acquitted of the charges under section 16 (1) (a) (i) of the Prevention of Food adulteration Act, 1954 (in short, "the Act" ).

(2.) AS per the prosecution case, on 20. 6. 1985 at about 7. 00 a. m. , Vireshwar singh, Food Inspector, after disclosing his identity to the accused, who was having about 20 kg of cow milk for sale in Sector 25 Chandigarh, served a notice in writing on Form-VI and demanded a sample of cow milk. He purchased 660 Mls. of milk for analysis after mixing it by making payment of Rs. 2. 50. The milk was divided into three equal parts and put into three dry and clean bottles. 18 drops of Formaline were added as preservative in each bottle. The bottles were labelled, stoppered, secured, fastened and then wrapped in a strong and thick paper. The ends of the wrapper were neatly bided and pasted with gum. A paper slip earing serial number, code number and signatures of the Local Health Authority, chandigarh, was wrapped around each sample bottle from top to bottom and pasted with gum. The thumb impression of accused was obtained on each bottle in such a manner that the paper slip and the wrapper both carried a part of the signature. After performing other formalities, one sealed sample was sent to the Public Analyst for analysis along with the copy of the memorandum on from VII in a sealed packet. A copy of the memorandum bearing specimen impression of the seal used was also sent to the Public analyst in a sealed envelope under intimation to the Local Health Authority. The sample was taken in the presence of Arjan singh son of Sadhu Singh, resident of Vilage Togan, U. T. Chandigarh. The remainng two sealed samples were handed over to the Local Health Authority for safe custody.

(3.) AS per report of Public Analyst, the sample was found deficient in Milk Solids not Fat (SNF) by 8% of the minimum prescribed standards. On finding a prima facie case against the accused-respondent, he was ordered to be summoned to face the trial. Initially the case was adjourned to for precharge evidence but order regarding mode of trial was not passed. Thereafter, the proceedings of the case were stayed by this court and after the stay was vacated the present case was ordered to be tried as a warrant trial vide order dated 15. 02. 2007.