STATE OF HIMACHAL PRADESH Vs. LAL CHAND
LAWS(HPH)-1991-11-7
HIGH COURT OF HIMACHAL PRADESH
Decided on November 07,1991

STATE OF HIMACHAL PRADESH Appellant
VERSUS
LAL CHAND Respondents

JUDGEMENT

D.P.SOOD,J. - (1.) The State of Himachal Pradesh has assailed the impugned judgment dated October 8, 1987, passed by the learned Sessions Judge, Chamba Division, Chamba (Himachal Pradesh) whereby the respondent -accused was set at liberty for the commission of the offence under section 16 (1) (a) (i) of the Prevention of Food Adulteration Act, 1954, (hereinafter called as the Act).
(2.) Jagat Ram, Food Inspector, took the sample of milk by purchasing 660 mis. from the shop of the respondent located in Chamba on January 23, 1985, after observing the codal formalities with respect to disclosing his identity, covering the sample into three bottles and sealing thereof in accordance with the rules. One part of the sample was sent to the Public Analyst for analysis. The report of the Public Analyst reflected milk solid non -fat to be 7.2% which were deficient by 15% than the minimum prescribed standard. On receiving the report Ex PF, PW -f obtained sanction from the Chief Judicial Magistrate, concerned, under section 20 of the Act and thereafter launched the prosecution against the respondent.
(3.) The trial Magistrate relying upon the statement of the Food Inspector, convicted the accused but on appeal he was acquitted of the commission of the offence by the impugned judgment.;


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