STATE OF HIMACHAL PRADESH Vs. DES RAJ
LAWS(HPH)-1991-12-7
HIGH COURT OF HIMACHAL PRADESH
Decided on December 20,1991

STATE OF HIMACHAL PRADESH Appellant
VERSUS
DES RAJ Respondents

JUDGEMENT

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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