STATE OF HIMACHAL PRADESH Vs. RUP CHAND

JUDGEMENT

(1.) By this appeal, the State has challenged the acquittal of the accused by the trial Judge in case 15/A III of 1984 decided on 28 -5 -1986 relating to offence under section 16 (1) (a) (I) of the Food Adulteration Act (hereafter called the Food Act).

(2.) The case is that Shri K, S. Verma (PW -2) intercepted the accused while he was carrying about 35 kgs, of buffaloes milk in four cans for sale in Nadaun town The accused was stopped near the shop of Joginder Kumar (PW -4) and the Food Inspector purchased the milk from the accused for the purpose of sample. The sample was divided into three parts and one of the parts was sent for analysis while others were retained by the local health authority. The Public Analyst reported that the percentage of milk fats was deficient by 30% and milk solids not fat by 32% of the minimum prescribed standard. As a result of this report, the accused was challaned after sanction under section 20 of the Act. After the conclusion of the trial, the accused was acquitted since the prosecution failed to prove the case against the accused,

(3.) Learned Counsel for the State, Shri Ram Murti Bist, referred to the statements of the witnesses in this case and submitted that the trial Court Judgment is not in accordance with law and the evidence on the record. However, Shri A, K. Goel, learned Counsel for the accused argued three points in this case. Let these be examined.