T.R. Handa, J. - (1.) This appeal mirier Section 378 of the Cr.P.C. is directed against the order dated 15-3 1979 passed by the Sessions Judge, Solan, acquitting the respondent Haryana Dairy Development Corporation of the offence under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act (hereinafter called as the Act) and has arisen in the following circumstances.
(2.) A sample of milk was purchased by the Food Inspector Solan on 11-6-1974 from the business premises of Standard Milk Suppliers, Solan, of which Ashok Kumar was the proprietor. At the relevant time one Amar Singh was working as a salesman with the Standard Milk Suppliers Solan and it was he who sold the sample to the Foot Inspector. That sample was purchased and dealt with in the manner prescribed under the Act and the rules framed thereunder. On being analysed by the Public Analyst, the sample was found adulterated. A complaint under Section 16(1) a)(i of the Act was, therefore, filed by the Food Inspector against Amar Singh salesman and Ashok Kumar, proprietor of the Standard Milk Suppliers, Solan.
(3.) The aforesaid sample was alleged to have been taken from sealed bottles supplied by the Haryana Dairy Development Corporation, the respondent herein. It was for this reason that Shri P. K Single, the Manager, Haryana Dairy Development Corporation Milk Plant Ambala and also the respondent Corporation were impleaded as co-accused in the aforesaid complaint. The complaint was, therefore, filed against lour accused persons namely, Amar Singh, salesman, Ashok Kumar, proprietor, Standard Milk Suppliers, Solan, P. K. Single, the Manager, Haryana Dairy Development Corporation and Haryana Development Corporation through its Manager.;