STATE OF HIMACHAL PRADESH Vs. MADAN LAL

JUDGEMENT

(1.) On September 20, 1988, Food Inspector, Solan, Shri B.L. Jasta (PW1) visited the business premises of M/s Chet Ram Madan Lal Halwai, Upper Bazar, Solan. Madan Lal (AW1)was found conducting business of Halwai in these premises. One tin weighing about 15 Kgms. containing cow's milk was found in the premises. The tin was sealed. The Food Inspector disclosed his identity and expressed his desire to take sample of cow's milk for the purpose of analysis. The Food Inspector, accordingly, purchased 750 gms. cow's milk taken from the tin on payment of rupees 4.50 paise in the presence of Mangat Ram (PW2) and Mehar Chand, peon of the Food Inspector (PW3). The milk so purchased was divided in three equal parts. Each part was separately poured in a separate bottle. Twenty drops of formalin were added to each of the bottle as preservative. samples were corked, wrapped and sealed in thick paper. Codal formalities were completed. One part of the sample was sent to the Public Analyst, Kandaghat. The Public Analyst caused the sample to be analysed and vide his report dated October 29, 1988 found the sample to be deficient in fats by 29% and in milk solids-non-fat to be deficient by 19% of the minimum prescribed standard. The accused Madan Lal, at the time of lifting of the sample, disclosed that milk was purchased by him from Amarjit Singh (AW2) of M/s New Anand Dairy Milk Suppliers, Saharanpur (U.P.) in a sealed tin. The Food Inspector after obtaining necessary sanction under Sec. 20 of the Prevention of Food Adulteration Act, (The Act for short), filed a complaint before the learned Additional Chief Judicial Magistrate, Solan at Kandaghat. The learned trial Magistrate vide his judgment dated December 31, 1994 convicted accused Madan Lal for an offence punishable under Sec. 16(1) (a) (i) read with Sec. 7(i) of the Act and sentenced him to suffer simple imprisonment for one year and to pay a fine of rupees 1000/-. In case of default of the payment of fine, the accused Madan Lal is to suffer simple imprisonment for three months. (A-2) Shri Amarjit Singh was acquitted of the charge on the ground that vender Madal Lal failed to prove that sealed tin, from which sample of the milk was taken, was purchased by him from A-2.

(2.) Aggrieved, accused Madan Lal filed an appeal before the learned Session Judge, Solan. Learned Session Judge vide his judgment dated December 6, 1996 acquitted the accused Madan Lal on the ground that sanction to prosecute the accused, obtained by the Food Inspector from the Local Health Authority is not valid.

(3.) It is in this background, that the State has filed the present appeal.