(1.) ON 31.3.1982, a sample of unindicated milk was taken from the possession of Balwant Singh petitioner by Shri R. C. Chopra, Food Inspector, Gohana. The sample of milk was sent to the Public Analyst, who found it to be deficient by 12 per cent in milk fats and 21 per cent deficient of solids not fat than the prescribed standard. On receipt of the report of the Public Analyst, proceedings under section 16 read with section 7 of the Prevention of Food Adulteration Act were lodged against the petitioner.
(2.) THE trial Court initially started trying this case as a warrant case, but later on in view of the judgment of this High Court in Budh Ram (deceased) v. State of Haryana, 1985(1) RCR(Crl.) 510 (P&H) : 1985(2) PLR 509 (F.B.) in which it was held that such cases should be tried summarily, the trial Court vide its order dated 21.7.1989 (Annexure P.2) ordered the retrial of the case as a summary case and directed that the Food Inspector shall adduce his evidence within two months of that order. Later on vide order dated 28.10.1989 the trial Court recalled those witnesses also for examination whose evidence had already been recorded in the case while trying it as a warrant case.
(3.) MR . R S. Tacoria, the learned counsel for the State, has rightly not felt the necessity of filing reply but has contended that in view of the seriousness of the offence of adulteration of milk affecting the health of the nation, mere prolongation of trial for seven years should not weigh with the Court. It is also maintained that the Food Inspector as well as other witnesses might satisfactorily explain the stirring of the milk during their testimony at the trial.