STATE OF HIMACHAL PRADESH Vs. UMAR DIN

JUDGEMENT

(1.) The State of Himachal Pradesh has, by this appeal, assailed the judgment of acquittal passed by the learned Additional Sessions Judge, Kangra Division Camp at Chamba, in Criminal Appeal No. 77 of 1982 decided on 24-8-1982.

(2.) The facts, in brief, are that Food Inspector Jag at Ram (P. W. 1) purchased 660 miss. Milk on payment of Rs. 1.30 from the accused for the purpose of analysis. After dealing with the sample as per the requirements under the Act and the Rules, the same was sent for analysis after depositing rest of the two with the Local Health Authority, Chamber, Analysis found contents of milk fat deficient by 56% and milk solids not fat by 29% than the minimum prescribed standard. As a result, prosecution was launched for selling adulterated milk under Sec. 16(1)(a)(i) of the Prevention of Food Adulteration Act. After trial, the trying Magistrate sentenced the accused to undergo six months simple imprisonment and a fine of Rs. 1,000.00 and in default of payment of fine, to is flier further imprisonment for two months.

(3.) The accused succeeded in his appeal before the learned Additional Sessions Judge, hence this appeal by the State of Himachal Pradesh.