D.S.Tewatia, J. - (1.) This appeal, by the Municipal Committee, Amritsar, is directed against the judgment of Judicial Magistrate 1st Class, Amritsar, dated 2nd Feb., 1971, whereby he acquitted Ram Dutt respondent of the charge under section 16(1) (a) (i) of the Prevention of Food Adulteration Act, 1954.
(2.) The prosecution case, in brief, is that on 18th Aug., 1970, at about 9-30 A.M., Food Inspector Sohan Lal P.W. 1 went to the shop of Ram Dutt respondent in the company of one Joginder Singh. There he disclosed his identity to the accused and in the presence of Hans Raj P.W. and Vishwa Nath served on him the requisite notice, Exhibit P. A. which was got signed from the respondent-accused and the two witnesses, above said, also attested the same.
(3.) Thereafter he purchased from the accused 660 millilitres of cow-milk which was obtained after stirring the vessel which contained about 10 litres of cow-milk. The milk was put into three dry clean bottles which were duly stoppered and sealed. One of them was handed over to the accused, the other sent to the Public Analyst and the third one kept by the said Food Inspector. The Public Analyst, vide his report, Exhibit P.F., found the sample, sent to him, containing milk fats to the extent of 4.8 per cent and non-fat solids to the extent of 7.7 per cent. The sample thus being found adulterated led to the launching of the present proceedings against the respondent. At the trial, the Food Inspector Sohan Lal P.W. 1 deposed to the facts already noticed. Hans Raj P.W. 2 corroborated his testimony.;