A.S. Bains, J. - (1.) The State of Punjab has filed this appeal against the order of acquittal of the respondent recorded by the learned Additional Sessions Judge, Ropar, on March 14, 1974.
(2.) The prosecution story as unfolded by Shri Gurdial Singh Food Inspector P. W. 1 is as under. On July 8, 1968, at about 5.30 P.M.I Gurdial Singh P. W. 1 (Food Inspector) intercepted the respondent at Nangal Dam when he was carrying 30 litres of cow-milk for sale in a drum. The Food Inspector disclosed his identity and served a notice Ex. P.A. on the respondent expressing his intention to purchase milk for sample. Out of the said milk, he purchased 660 ml. of milk in the presence of Jagan Nath IP. W. 2 for 65 paise vide receipt Es P.P. rite sample of milk so purchased was put in three dry and clean bottles which were duly sealed and labelled. Out of these, one bottle was given to the respondent while the second one was sent to the Public Analyst and the third one was kept in the office by the Food Inspector. The Public Analyst vide its report Exhibit P. D. found the following deficiencies in the milk - Milk fats 3.00% Milk solids not fats 3.8% In the opinion of the Public Analyst the milk was adulterated. A complaint was lodged on the basis of the report of the Public Analyst by the Food inspector and the respondent was proceeded against under Sec. 16(1) (a) of the Prevention of Food Adulteration Act (hereinafter called the Act). The respondent pleaded not guilty and pleaded false implication.
(3.) The learned trial Court convicted the respondent under Sec. 16(l)(a) of the Act, and sentenced him to rigorous imprisonment for six months and a fine Rs. 1000.00. In default of payment of fine, he was ordered to undergo further rigorous imprisonment for 1-1/2 mouths.;