Pritam Singh Pattar, J. - (1.) This is an appeal filed by the Municipal Committee, Amritsar, against the judgment dated 25-2-1971 of the Additional Sessions Judge, Amritsar, whereby he accepted the appeal of Jagat Ram respondent and set aside his conviction and sentence under section 16(1)(a)(i) read with section 7 of the Prevention of Food Adulteration Act (No. 37 of 1954) and acquitted him of that offence.
(2.) The facts of this case are that Jagat Ram respondent son of Hans Raj is a regular milk-seller running a Halwai shop bearing No. 2647/111-29, Bhushanpura, Mahant Ram Saran Dass Abadi, Amritsar and he had obtained the licence from the Municipal Committee, Amritsar for the sale of cow-milk, curd and sweet-meats prepared with Vanaspati in that shop. On 6-7-1968, at about 8.40 A.M., Shri Devi Dass, Food Inspector, Municipal Committee, went to the shop of the respondent and found that he (Jagat Ram) had ten liters of cow's milk for sale in a drum. The Food Inspector disclosed his identity to the respondent in the presence of Gian Chand and Budha Ram P.Ws. He gave him notice Exhibit P.A. in form VI and demanded a sample of the cow-milk. He purchased 660 ml of cow-milk for analysis from Jagat Ram and paid him Rs. 0.65 paise as its price and obtained the receipt Exhibit P. B. from him. The sample was divided into three equal parts and was put in three clean and dry bottles. He added formalin preservative to the extent of 18 drops in each bottle. The bottles were then labelled, stoppered, wrapped and sealed and the Food Inspector signed on the sealed bottles and the accused put his thumb impressions thereon. The Food Inspector gave one sealed bottle to Jagat Ram respondent against receipt Exhibit P.C. which was thumb marked by him and it was attested by the witnesses. The second sealed bottle was sent to the Public Analyst, Municipal Committee, Amritsar, by hand for analysis and the third sealed bottle was retained by the Food Inspector. A copy of the memorandum and a specimen impression of the seal, used to seal the packet, was also sent to the Public Analyst, Amritsar. The Public Analyst, Municipal Committee, Amritsar., vide his report, Exhibit P.F. dated 11-7-1968, reported the result of his analysis as follows:- JUDGEMENT_20_LAWS(P&H)9_1973.html
(3.) In his opinion, the sample of the cow-milk sent to him was adulterated. Devi Dass, Food Inspector was authorised to launch prosecution by a notification by the Punjab Government whose mention is made in the complaint Exhibit P.G. He filed the complaint Exhibit P.G. against the respondent Jagat Ram accused in the Court of the Municipal Magistrate, Amritsar, on 14-1-1969. After recording the statement of the Food Inspector, the Magistrate framed charges under section 16(1) (a) (i) of the Prevention of Food Adulteration Act (hereinafter called the Act) against Jagat Ram. During the pendency of this case in the Court of the Magistrate, on the application made by Jagat Ram respondent on 2-12-1969, the sealed sample which was retained by the Food Inspector was sent to the Director. Central Food Laboratory, Calcutta, for analysis. The Director in his certificate, Exhibit P.L. reported as follows:- JUDGEMENT_20_LAWS(P&H)9_1973_1.html;