STATE OF HIMACHAL PRADESH Vs. SHER KHAN
LAWS(HPH)-1997-6-4
HIGH COURT OF HIMACHAL PRADESH
Decided on June 24,1997

STATE OF HIMACHAL PRADESH Appellant
VERSUS
SHER KHAN Respondents


Referred Judgements :-

RAM SWARUP V. STATE OF H.P. [REFERRED]



Cited Judgements :-

DINESH GIRI VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2003-1-93] [REFERRED TO]
BANSILAL VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2006-2-15] [REFERRED TO]
ASHARAM VS. STATE OF M P [LAWS(MPH)-2003-1-168] [REFERRED TO]
BANSILAL S/O PARMAIKLAL VS. STATE OF M.P. [LAWS(MPH)-2003-2-117] [REFERRED]


JUDGEMENT

- (1.)I have heard the learned Assistant Advocate General and have also gone through the record of the case.
(2.)The State is aggrieved by the acquittal of the respondent ordered by the Judicial Magistrate Ist Class (II), Nurpur. By means of impugned judgment passed in Criminal case No. 878/I of 1988 134/III of 1991 dated 28-2-1992, respondent has been acquitted of the offences under S. 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954(hereinafter referred to as the 'Act').
(3.)Brief facts of the prosecution case are that on 27-7-1988, CW-1, Food Inspector, C.B. Sharma was at Nurpur and was checking the milk of the milk vendors. Respondent on checking was found to have come to Nurpur for the sale of milk that he was carrying in the Can. It was tested with Electo-meter and the same was found to be sub-standard. In these circumstances, the said Food Inspector informed the respondent of his intention to take the sample out of the milk being carried by the respondent. In this behalf notice was given to the respondent and on payment of Rs. 2.30,660 mls. of bufallo milk was purchased by the Food Inspector from the respondent against receipt Ext. PW-1/B. At such point of time, respondent was stated to be carrying 28/30 kgs. of milk. After dividing the milk purchased in three equal parts, the same was put in three separate neat, clean and dry bottles and formaline was added to this milk in each of the bottle as a preservative. Thereafter bottles were packed and sealed as required under law and a memo in this behalf was prepared on the spotX. One of the sealed bottle along with Form No. VII containing the seal impression also was sent to the Public Analyst, Punjab, Chandigarh. In addition to this, separate Form No. VII along with seal impression used in sealing the bottle in question was also sent by registered post to the aforesaid Public Analyst at Chandigarh for examination and report.


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