Decided on December 09,1997

STATE OF H.P. Appellant
GURDEV SINGH Respondents


R.L.KHURANA, J. - (1.)The State has preferred the present appeal under Section 378, Code of Criminal Procedure, assailing the acquittal of the respondent, Gurdev Singh of the offence under Section 7 read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act (for short the Act) as recorded by the learned Sub -Divisional Judicial Magistrate, Nalagarh vide judgment dated 18 -9 -1993 in case No, 89/3 of 1991.
(2.)According to the prosecution story, the Food Inspector Shri M.L. Pathak on 8 -5 -1991 purchased 750 Ml. of cows milk as sample from the respondent for the purpose of analysis out of about 13 Kgs. of such milk being carried by the respondent for sale to the general public. The sample so purchased was divided into three equal parts in three neat, clean and dry bottles and after adding preservative to such bottles the same were labelled, fastened and sealed in accordance with the procedure prescribed under the Act and the Rules framed thereunder. One of the sealed bottle containing the sample was sent to Public Analyst, Chandigarh, for the purpose of analysis. Upon analysis the sample was found to be adulterated since the same was deficient in milk fats by 31% and in milk solids not fat by 45% of the minimum prescribed standard.
(3.)After obtaining the requisite written consent from the competent authority, the Food Inspector launched the necessary complaint for the prosecution of the respondent for the offence under Section 7 read with Section 16(1)(a)(i) of the Act. The respondent pleaded not guilty and claimed trial.

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