STATE OF HIMACHAL PRADESH Vs. KAMLESH CHAND

JUDGEMENT

(1.) This appeal by the State is directed against the judgment dated 4.3.1997, passed by the learned Sessions Judge, Solan in criminal appeal No.l2 -S/10 of 1989 whereby the conviction of and sentence awarded to the respondent - accused (hereafter referred to as the accused) under Section 16(l)(a)(i) of the Prevention of Food Adulteration Act (hereafter referred to as the Act) by the learned Chief Judicial Magistrate, Solan vide judgment dated 4.1.1989 had been set aside.

(2.) The prosecution case against the accused is that on 21.2.1987 at about 9 a.m. the accused was carrying about eight liters of tonned milk for sale. He was intervened by the food Inspector H.L. Pathak (PW -1) who took a sample of the milk from the accused. The accused, however, did not receive the price of the milk. The sample of milk so purchased was dealt with in accordance with the relevant rules and one part of the sample was sent to the Public analyst. On analysis, the Public analyst vide his report Ext.PW -1/F found the sample milk deficient in milk solids not fat by 44% that the minimum prescribed standard for tonned milk. After obtaining the requisite sanction Ext.PW -1/G, PW -1 lodged a complaint Ext.PW -1/H against the accused in the Court of the learned chief Judicial Magistrate, Solan. The accused pleaded not guilty to the accusation put to him under Section 7 read with Section 16(1) (a)(i) of the Act and claimed that the milk, sample where of was taken, was not his milk.

(3.) To prove the accusation against the accused, prosecution examined five witnesses. The accused was examined under Section 313 Cr.P.C. wherein he denied the prosecution case as a whole and claimed that the ease against him has been falsely made out. In defence, he examined Path Ram (DW -1).