STATE OF HIMACHAL PRADESH Vs. DES RAJ
HIGH COURT OF HIMACHAL PRADESH
STATE OF HIMACHAL PRADESH
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D.P.SOOD, J. -
(1.) THE State of Himachal Pradesh has assailed the impugned judgment dated 31st August, 1987, passed by the learned Sub -Divisional Judicial Magistrate Dehra, District Kangra, whereby he
recorded the order or acquittal of the Respondent who was involved for the commission of the
offence under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act,
1954 (hereinafter referred to as the Act).
(2.) ON 11 -2 -1986, Jagat Ram, PW 1 who was posted as Food Inspector, apprehended the Respondent in Dehra Bazar and disclosed his intention to take sample of the mixed milk.
Admittedly, at the material time, Respondent was carrying 35 kgs. of milk in three containers for the
purpose of sale on his bicycle. After observing codal formalities PW 1 took sample against
consideration of Rs. 1 80 and divided the same into three dry, clean bottles after adding formaline
therein. Other process regarding the sealing of the said bottles etc. and preparation of
'panchnama ', issuance of receipts etc. is not disputed. One sample bottle was sent to
the Public Analyst, Kanda -ghat while remaining two were deposited with the Local Health
Authorities Kangra at Dharamshala. The report of the Public Analyst Ex. PE reflected the sample to
be deficient in milk solids -not fat and milk fat to the extent of 25% and 27% respectively. Thus the
said sample having been found to be adulterated, Respondent was prosecuted for the commission
of the above said offence.
Notice of accusation was given to the accused wherein he pleaded not guilty thereto and claimed to be tried.
(3.) THE learned Court below on appraisal of the evidence adduced by the prosecution took notice of two facts, firstly that milk was not properly stirred and secondly that sanction was not legal and
valid, recorded the impugned order of acquittal in favour of the accused.;
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