STATE OF HIMACHAL PRADESH Vs. JOGINDER SINGH

JUDGEMENT

(1.) This appeal by the State is directed against the judgment of the learned Sessions Judge, Una in Criminal Appeal No. 6/1997, decided on 4-5-1999 whereby he has set aside the conviction of the respondent-accused under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act (hereinafter referred to as the Act). The trial Court had sentenced the respondent to undergo imprisonment for three years and to pay a fine of Rs. 500/-.

(2.) The prosecution case in brief was that the Food Inspector apprehended the respondent when he was on his way to sell milk. The Food Inspector purchased 700 ml. of mixed milk from the respondent on payment of Rs. 5/- only. The sample was divided into three equal parts and was sent for analysis after following the due procedure. The sample failed on account of the fact that the milk solids not fat were found to be 7.5% against the minimum prescribed standard of 8.5%. The prosecution was launched after obtaining sanction from the C.M.O., Una.

(3.) The prosecution examined three witnesses, i.e. Food Inspector, one independent witness and one official from the office of the C.M.O., Una to prove its case. The respondent also produced one witness in defence to show that he was not selling the milk and that the milk was only being taken to the Gurudwara.