STATE OF H.P. Vs. JAGAR NATH

JUDGEMENT

(1.) THE present appeal by the State of Himachal Pradesh is directed against the judgment dated 30.12.1998 of the learned Sessions Judge, Bilaspur whereby an appeal filed by respondent Jagar Nath, hereinafter called accused, against the judgment dated 24.5.1993 of the learned Additional Chief Judicial Magistrate, Bilaspur, convicting and sentencing the accused of an offence under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act, 1954 has been accepted and he (the deceased) has been acquitted of the said offence.

(2.) FACTS relevant for the disposal of the appeal may be noticed. The accused was intercepted by the Food Inspector, Bilaspur on 20.1.1991 at a place called Beri (Harkhar) when he was carrying 40 kilograms milk in cans on a motor cycle. A sample of milk was taken from him. The sample was divided into three parts and each part of the sample was poured into a separate bottle and the bottles were stoppered, wrapped and sealed as per requirements of law. One part of the sample was sent to the Public Analyst, who reported that the same was adulterated. On receipt of the report of the Public Analyst, sanction of Chief Medical Officer for launching the prosecution against the accused was obtained and thereafter a complaint was filed. After the filing of the complaint, an intimation was sent to the accused, as per requirement of Section 13(2) of the Act that he could approach the concerned Judicial Magistrate to have another part of the sample analysed from the Central Food Laboratory. Alongwith that intimation, a copy of the report of the Public Analyst was also sent to the accused.

(3.) ACCUSED filed an appeal in the Sessions Court and the learned Sessions Judge, Bilaspur accepted the appeal, set aside the conviction and sentence and acquitted the accused of the charge.