STATE OF HIMACHAL PRADESH Vs. LIYAKET ALI

JUDGEMENT

(1.) THIS appeal against acquittal is directed against the judgment of the learned Chief Judicial Magistrate, Chamba, dated May 3, 1983, whereby, respondent Liyaket Ali, (hereinafter referred to as the accused), was acquitted of the offence under section 16(1)(a)(i) read with section 7 of the Prevention of Food Adulteration Act, 1954 (hereinafter called as the Act').

(2.) THE facts of the case are that in June, 1981, the accused was intercepted at a place known as Pukhari by the then Food Inspector, Shri Jagat Ram, posted over there while the former was in possession of Desi Ghee meant for public sale. The said Food Inspector then served notice upon him, (the accused) after disclosing his identity, to the effect that he wanted to purchase sample of Ghee for analysis and thus after purchasing 450 grams of Desi Ghee from the accused against price. put them in three separate containers in equal quantity and after properly stopping and sealing them in accordance with the provisions of the Act and the Rules, sent one of the sample bottles to the Public Analyst for analysis while the remaining two bottles were sent to the Local (Health) Authority, as enjoined by the Act and the Rules. As per the report of the Public Analyst, dated July 30, 1981 (Ex. PE), the sample of Ghee was found to be adulterated since its refractometer reading was 47.3 and not within the prescribed limit of variability i.e. 40 to 43. Reichert value was also found to be deficient by 48% than the minimum prescribed standard. There was moisture in excess by 0.2% than the maximum prescribed limit and also the Boudouins test as prescribed the presence of Vanaspati was positive to the extent of 4.0 red units whereas minimum standard for Vanaspati is 2.0 red units.

(3.) THE prosecution then examined the Food Inspector, Shri Jagat Ram and two more witnesses and then closed the prosecution evidence.