STATE OF H.P. Vs. HANS RAJ

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) IN this appeal, the State has challenged the acquittal of the respondents for an offence punishable under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954, in short 'the act', as their sample for milk was found deficient in requisite standard.

(3.) ON 31.12.1993, at about 11 a.m., the Food Inspector Shri G.R.Puri found Hans Raj selling 20 litres of cow milk, which was stored in a patila (cooking vessel). The Food Inspector disclosed his identity and after serving a notice to Hans Raj, he intended to purchase the milk as sample for analysis. The Food Inspector is alleged to have made the entire bulk homogenous before purchasing the same thereafter he had purchased 750 M.L. of milk and paid Rs.6/- against receipt Ext. P-2. The purchased milk was divided into three equal parts and put into three clean and dry bottles. The required strength (40%) of formalin was also added as preservative. The sample bottles were sealed in accordance with law. One sealed sample bottle was sent to the Public Analyst, Kandaghat alongwith Form-VII for analysis and one copy of Form-VII alongwith the sealed impression was sent separately by the registered post. The remaining two parts of the sample alongwith two copies of Form-VII and specimen of seal were deposited with Local (Health) Authority, Bilaspur. The Public Analyst had declared the result of the analysis vide his report Ex.P9 as follows:-