LAWS(RAJ)-1986-7-83

MUNICIPAL BOARD RIPAR Vs. POKAR RAM AND ANR.

Decided On July 28, 1986
Municipal Board Ripar Appellant
V/S
Pokar Ram And Anr. Respondents

JUDGEMENT

(1.) Inspite of a clear finding of adulteration in Milk, the accused-respondent has been acquitted of the offence under section 7/16 of the Prevention of Food Adulteration Act, 1954 on an untenable technical ground that the quantity of Milk sent for analysis was not sufficient and was in violation of Rules.

(2.) Since the facts giving rise to this appeal are not in dispute so also the law, the only question which requires consideration and adjudication is whether the accused-respondent should be convicted and if the answer is in affirmative then what would be the sentence to be imposed against the accused.

(3.) Interestingly enough, the guidelines laid down by their Lordships of the Supreme Court in series of cases are not uniform, due to different facts.