STATE OF PUNJAB Vs. KASHMIR SINGH

JUDGEMENT

(1.) KASHMIR Singh son of Partap Singh, resident of Mullanwala was tried for the offence under Section 16 (1) (a) (i) read with Section 7 of the Prevention of Food Adulteration Act The Chief Judicial Magistrate, Gurdaspur acquitted him. The State of Punjab has filed appeal against the order of Ms acquittal, notice of which was given to Kashmir Singh,

(2.) THE facts of the case briefly stated are that on 29-10-1975, Dr. Harjit Singh, Food Inspector intercepted the accused-respondent in Mandi Gurdaspur while he was in possession of cow's milk in a brass donna for sale. The doctor disclosed his identity and intention of taking sample of cow's milk for analysis, to the respondent. He purchased 660 mis. of cow's milk against payment of Rs. 1/ -. The milk was then divided into three equal parts and put into three dry and clean bottles and thereafter, the same were stoppered and sealed. One of the sealed bottles was sent to" the Public Analyst for analysis. On receipt of report from the Public Analyst, the Food Inspector filed the complaint against the respondent in the Court for his prosecution. The prosecution examined Dr. Harjit Singh (P. W. 1) in support of its case. When the respondent was examined, he denied the allegations made against him and pleaded false complicity in this case but led no evidence in defence.

(3.) THE trial Court after appreciating the evidence adduced on behalf of the prosecution came to the conclusion that the case of the prosecution failed on the short' ground of non-compliance with the provisions of Section 10 (7) of the Prevention of Food Adulteration Act (hereinafter called the Act ).