(1.) THIS appeal of the Municipal Committee, Amritsar, is directed against the order of the Magistrate, 1st Class, Amritsar, acquitting Parkash Chand Respondent of the charge under Section 16(1)(a)(ii) of the Prevention of Food Adulteration Act, 1954.
(2.) THE Respondent is a Halwai carrying on business in Bazar Parbhunjian in Qila Bhangian, Amritsar. At 10.45 a.m. on 18th of January, 1965. Pal Dass, Food Inspector, Amritsar Municipality. went to his shop and purchased 600 grams of what has been described as "cow curd" after payment of Re. 0.50 nP. which was its price. The receipt of payment was made by the Respondent and this is Exhibit P.B. The curd which was brought by the Food Inspector was out of a bulk of 3 Kilograms of the commodity which was displayed for sale. The Food Inspector made it clear that he was buying this curd for the purpose of analysis and it was equally divided into three parts in dry clean bottles 14 drops of formalin, which is a preservative, was added to the 600 grams of curd purchased by the Food Inspector. The bottles are stated to have been labelled, stoppered, securely fastened and then wrapped in a strong thick paper which was secured by means of strong twine and sealed with five distinct seals. One sealed bottle of the sample was handed over to the Respondent, the second one was sent to the Public Analyst, Municipal Committee, Amritsar, by hand and the third one was retained by the Food Inspector. A memorandum with specimen impression of the seal used in the packet was sent to the Public Analyst by hand and the sample was split in the three bottles in the presence of two witnesses, Gurbachan Singh and Om Parkash, who are both Halwais of the locality.
(3.) ONE of the samples was sent to the Public Analyst with a memorandum by the Food Inspector on 18th January, 1965. This memorandum which is under Rule 17 of the Rules is Exhibit P.D. and it is specifically stated at item No. 5: