STATE OF H.P. Vs. NAZIR SINGH

JUDGEMENT

(1.) State has preferred this appeal against the acquittal of the accused by the Sub -Divisional Judicial Magistrate, I -Class, Arki, at Nalagarh, in Case No. 243/3 of 1984 under Sec. 16(1)(a)(i) of the Prevention of Food Adulteration Act, by decision of 24 -7 -1986.

(2.) Briefly, the case is that on 18 -9 -1984 at 9.15 A.M., Shri H.L. Pathak, Food Inspector, Solan intercepted the accused while in possession of 80 Kg. cows milk in two drums meant for sale to the general public. The Food Inspector disclosed his identity , gave notice of his intention to the accused and purchased 660ml cows milk against payment of Rs. 20/ -. The milk was stirred before the same was purchased. It was put into three neat, clean and dry bottles in equal parts and 18 drops of formalin were also added in these bottles. These bottles were wrapped, packed and sealed. A Panchnama was also prepared by the Food Inspector at the spot.

(3.) One part of the sample along with copy of memo. VII, sealed in a packet, was sent to the Public Analyst, Kandaghat through Sant Ram, Peon. A copy of memo. VII with seal impression was also sent in a sealed packet to the Public Analyst separately. Rest of the two packets were deposited with the Local Health Authority, Solan.