Ranjit Singh Sarkaria, J. - (1.) THIS is an appeal by Special Leave under Section 417(3), Code of Criminal Procedure, preferred by the Municipal Committee, Amritsar, against the order, dated June 27, 1969, of the Additional Sessions Judge, Amritsar, by which he acquitted Karam Singh, accused -Respondent of a charge under Sections 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954. (hereinafter referred to as the "Act").
(2.) THE material facts are that on December 25, 1957, Food Inspector Pal Dass (PW1) went to Bazar Bhoriwala, accompanied by Chirag Jamadar (PW3) and Dr. Baldev Chawla. Karam Singh, accused came to the shop of Waryam Chand Halwai (PW2) carrying a Valtoha full of milk. On enquiry, the accused told the Food Inspector that it was cow's milk for sale. The Food Inspector then disclosed his identity, and, after giving the necessary notice (in Form VI, under Rule 12), Exhibit PA, purchased a sample of 660 mililitres of the milk, on payment of 60 Paise (vide receipt exhibit PB) from the accused, for analysis. The purchased milk was divided into three equal parts which were put in three dry bottles and 16 drops of formalin were added to each of them. The bottles were then labelled and sealed. One of those bottles was handed over to the accused, - -vide receipt Exhibit PC the second was sent to the Public Analyst on December 27, 1967 (along with the memo Exhibit PD and the specimen seal. Exhibit PE) and the third was retained by the Food Inspector, himself. The Public Analyst examined the sample on January 4, 1968, and reported that it was found adulterated. On March 16, 1968, the Food Inspector made the complaint, Exhibit PG, in the Court of the Judicial Magistrate 1st Class, Amritsar, for the prosecution of Karam Singh accused under Section 16 of the Act read with Rule 50 of the Prevention of Food Adulteration Rules, 1955. On the same day, the Magistrate made an order summoning the accused for April 9, 1968. Thereafter, the case was adjourned six times for different dates as the accused had not been served. Ultimately, the accused was served, and he appeared before the Magistrate on July 30, 1968. On August 17, 1968, the accused made an application under Section 13(2) of the Act requesting that the sample of milk that had been given to him, be sent to the Director, Central Food Laboratory, Calcutta (hereinafter called 'the Director') for examination. That sample was accordingly sent. The Director's report, dated September 24/25, 1968, was received. It was to the effect, that the contents of the bottle received by him were found curdled and were not fit for examination. On the application of the Food Inspector on February 25, 1969, the third sample of the milk that had been retained by him on December 25, 1967, was also sent by the Court to the Director whose certificate, dated 19/20th March, 1968 was received. It substantially tallied with the report of the Analyst and the conclusion drawn was that the milk had been adulterated.
(3.) AT the trial, the prosecution examined Food Inspector Pal Dass (PW1), Waryam Chand Halwai (PW2) and Chirag Jamadar (PW3). It also tendered in evidence the report of the Public Analyst and the Certificate of the Director.;