STATE OF H.P. Vs. BALO RAM

JUDGEMENT

(1.) Through this appeal against acquittal, the State has questioned the correctness of decision in Cr. Appeal No. 64 of 1986, decided on 31 -8 -1987 by Sessions Judge, Kaagra.

(2.) Briefly, the prosecution case is that Food Inspector Bid hi Chand Sharma found the accused, a milk vendor, carrying two drums of milk on his cycle on 28 -10 -1984. After disclosing his identity and intention to purchase sample of milk by giving notice (Ext. PA), cows milk to the extent of 660 ml. was purchased for Rs. 1,60 paise through receipt (Ext. PB) after duly stirring it,

(3.) The sample milk was divided into three equal parts and then put into three clean and dry bottles after adding 18 drops of formalin. These bottles were corcked, wrapped and sealed in accordance with procedure. One, out of three bottles, was sent to the Public Analyst, while the other two were deposited with the Local Health Authority. After analysis, the Public Analyst reported (Ext. PE) that the percentage of milk fat in the contents of the sample bottle was deficient by 49% and the percentage of milk solids -not -fat deficient by 59% than the minimum prescribed standard. After receipt of this report and due notice to the accused, prosecution was launched in the trial Court. The trial ended in the conviction of the accused with the result that the decision was challenged before the Sessions Judge where the accused was acquitted, hence this appeal by the State.