STATE OF H.P. Vs. JAGTAR SINGH

JUDGEMENT

(1.) Feeling aggrieved by the judgment dated 22.12.1995 passed by the learned Chief Judicial Magistrate, Una whereby the accused has been acquitted of the accusation under Section 16(1)(a) (i) read with Section 7(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the 'Act"), the State has preferred the present appeal.

(2.) In brief the case of the prosecution is that on 7.1.1992, PW-1 Sh. S.N. Sharma, Food Inspector took a sample of mixed milk from the accused at Village Malahat (Una) who was at that time having 70 KGs of mixed milk meant for sale to the general public. The sample so purchased was dealt with allegedly according to the rules and one of the part of the sample was sent to Public Analyst vide Ex. P-4 who on analysis found that the sample was deficient in milk fat by 49.0% and in milk-solid-not-fat by 28.0% of the minimum prescribed standard. Therefore, after obtaining the written consent of the concerned authority, the said Food Inspector launched prosecution against the accused in the Court of learned Chief Judicial Magistrate, Una, who found the accused not guilty of the accusation and giving him benefit of doubt, acquitted him.

(3.) I have heard the learned Additional Advocate-General and the learned Counsel for the accused.