STATE OF HIMACHAL PRADESH Vs. TEK CHAND

JUDGEMENT

(1.) - This is an appeal preferred by the State against the judgment dated January 7,1994 passed by the learned Chief Judicial Magistrate, Kangra whereby the accused! respondent (hereinafter referred as the accused) has been acquitted of the accusation under Section 16(1)(a) (i) of the Prevention of Food Adulteration Act (hereinafter referred to as the Act).

(2.) The case of the prosecution, in brief is that on January 30, 1990. PW-1 S.C. Sharma, Food Inspector, Dharamshala intercepted the accused at Kahchart Adda Dharamshala when he was having carrying 70 Kgs. of cheese for sale in Maroti Van No. HP-38-0124 and after observance of due formalities, purchased the sample of the cheese from the accused which was dealt with in accordance with law. On analysis of a part of the sample, it was found adulterated as per report of the Public Analyst Ext. PW-1ilO inasmuch as the milk fat of the dry matter of the contents of the sample was 45.65% against the minimum prescribed standard of 5O%. After giving notice to the accused under Section 13 of the Act and getting the requisite consent of the competent authority under Section 20 of the Act, the Food Inspector launched the prosecution against the accused.

(3.) On trial the accused was found, guilty and was convicted and sentenced vide judgment dated October 22, 1992 of the learned Chief Judicial Magistrate. The accused preferred an appeal before the learned Sessions Judge, Kangra who vide his judgment dated March 9, 1993 set aside the aforesaid judgment of the learned Chief Judicial Magistrate convicting and sentencing the accused and remanded back the case to the learned Trial Magistrate with the direction that he would send one of the part of the samples in possession of the Local Health Authority to the Director, Central Food Laboratory for his opinion and on receipt of the report of the Director, the case was to be disposed of afresh in accordance with law.