(1.) This Revision petition is directed against the judgment of the learned Sessions Judge, Kangra at Dharamshala dated 1.10.2002 whereby he upheld the judgment of the learned Chief Judicial Magistrate, Kangra at Dharamshala convicting the petitioner-accused of having committed an offence punishable under Section 16(1)(a)(i)(ii), 7(i), (iii), 2(ia) and (m) of the Prevention of Food Adulteration Act read with Rule 50(1) of the Prevention of Food Adulteration Rules for possessing adulterated milk for sale and sentencing him to undergo rigorous imprisonment for one year and pay fine of Rs. 2000/-.
(2.) The undisputed facts are that on 9.12.1995 the Food Inspector purchased 750 mls. Of cow milk from the accused at Kotwali Bazaar, Dharamshala. The accused was in possession of 55 k.gs of cow milk contained in three iron drums. This milk was meant for sale to the general public. The Food Inspector after purchase of the milk divided the same into three parts and put them into three dry and clean bottles after adding 20 drops of formalin as preservative in each bottle. After following the required procedure for making the bottles air tight the same were wrapped. One of the samples was sent to the Public Analyst for analysis. The Public Analyst, Kandaghat after analysis submitted his report according to which milk fat content of the milk was 3.4% against minimum prescribed standard of 3.5% and the milk solid non-fat content was 6.48% against the minimum prescribed standard of 8.5%. Thereafter, sanction of the CMO, Kangra was obtained to launch the prosecution and the complaint filed.
(3.) The accused moved an application under Section 13(2) of the Act praying that the second part of the sample be got analyzed from the Director, Central Food Laboratory. This application was allowed by the learned trial Court. The second part of the sample was sent to the Director, Central Food Laboratory, Pune. After analysis the Director Central Food Laboratories sent his certificate/report wherein it was found that the milk fat content of the sample was 3.6% and the solid non-fat content was 6.6% and thus the sample was found not to conform to the standards of cow's milk in respect of solid non fat content.