STATE OF HIMACHAL PRADESH Vs. RAM LAL

JUDGEMENT

(1.) The Respondent, being a milk vendor (Halwai), was convicted by the trial Court, i.e. Additional Chief Judicial Magistrate, Hamirpur vide judgment dated 30.9.1993 for the offence under Section 16 (1)(a)(i) read with Section 7 (i) of the Prevention of Food Adulteration Act, 1954, hereinafter to be called 'the Act'. In consequence thereof, he was sentenced by the learned trial Court to undergo six months rigorous imprisonment and to pay a fine of Rs. 1,000/- and in default of payment of fine to undergo further rigorous imprisonment for three months. This was on the basis that he was found to be selling adulterated milk.

(2.) The Respondent per force, filed an appeal against the said conviction and sentence which was heard and decided by the learned Sessions Judge, Hamirpur vide impugned judgment dated 20.5.1994, whereby after setting aside the conviction and sentence, the Respondent stands acquitted. Hence, the present appeal by the State.

(3.) The prosecution case against the Respondent at the trial was that he was running a Halwai's shop at Village Baru Tehsil and District Hamirpur and was selling milk also. On 20.9.1991 at about 11.30 a.m., the Food Inspector Shri K.S. Verma (PW-1) went to his shop and in presence of witnesses purchased 750 ml. of cow's milk (boiled) on payment of price of Rs. 4.50 paise, for testing its purity. Thereafter, the Food inspector is stated to have followed the prescribed procedure under the Act and one of the three samples thus taken, was sent by him to the Public Analyst, Chandigarh while, the remaining two samples alongwith prescribed documents were deposited with the Local Health Authority.