STATE OF HIMACHAL PRADESH Vs. MADAN LAL

JUDGEMENT

(1.) This is an appeal against the judgment dated 13-12-1993 passed by the learned Additional Sessions Judge, Solan, whereby while setting aside the conviction of and sentence awarded to the accused-respondent (hereinafter referred to as 'the accused') under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act') by the learned Sub-Divisional Judicial Magistrate, Arki, the accused has been acquitted of the accusations.

(2.) Case of the prosecution, in brief, is that PW 3 I. D. Verma, Food Inspector on 29-4-1988 inspected the shop of the accused at Jhar Majari when the accused was allegedly found in possession of 11 kgs. of milk meant for sale and after serving with him notice he purchased the milk from the accused for the purpose of analysis. So purchased sample milk was dealt with in accordance with the Rules and on analysis the sample was found deficient in milk solid not fat by 47% of the minimum prescribed standard. Hence, after obtaining the consent of the competent authority the prosecution was launched against the accused under Section 7 read with Section 16(1)(a)(i) of the Act. The learned trial Magistrate vide his judgment dated 24-3-1992 convicted the accused under Section 7 read with Section 16(1)(a)(i) of the Act and sentenced him to simple imprisonment for a period of six months and to pay fine in the sum of Rs. 1000/- and in case of default of payment of fine for further simple imprisonment of two months.

(3.) Feeling aggrieved the accused-appellant preferred an appeal which came to be heard and decided by the learned Addl. Sessions Judge, Solan and vide the impugned judgment the appeal was accepted and the conviction and sentence as awarded by the learned trial Magistrate were set-aside and the accused was acquitted of the accusations.