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1. IN THE COURTOF CHIEF JUDICIAL
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State Through Govt. Food Inspector
Complainant
Versus
1. Sukhblr Singh alias Sukha Sb S. Roop Singh r/o village Raisur Punjab, Distt. Barnala
2. BalbIr Singh alias Beera Sb S.Roop Singh r/o village Raisur Punjab, Distt. Barnala.
Accused
Complaint u/s 7/16 of Prevention of Food Adulteration Act.I.954 and
U/r 24 & 50 of the PFA. Act .Rules 1.955.
Respected Sir,
The Complaint respectfully submitted as under :-
1. That I Manjinder Singh Dhillon ,the Complainant has been appointed as
Government Food Inspector and also notified through Punjab Government vide
Gazette notification no.FD(2)PB,98/14766 dated 15/10/1998 to seize samples
under Prevention of Food Adulteration Act,1954 in the state of Punjab.
Notification photo copy Annexure as I
2. That I am also authorized to launch prosecution under the Prevention of Food
Adulteration Act,1954 in the state of Punjab and notified through Punjab Government
Gazette notification no.10/10/89-4 HB-lV/34197 dated 3/10/1999.
Notification photo copy Annexure as II
3. That on 15/4/2008 I along with the police party headed by Sh. Kamaijeet Singh ASI
lncharge of PP. Pakho ka Kanchian PS Senha, Distt. Barnaia Inspected the premises which
is the residence of accused no. 1.Sukhbir Singh s/o S.Roop Singh & accused no. 2. Balbir
SIngh s/o S. Roop Singh (both are real brothers) situated at village Raisur Punjab
4. That on inspecting the premises, at the backside of the entry door, accused no.1 was
churning milk with a electronic churner ( Madhani) In the blue plastic can and accused no.2
.was pouring powder with the blue colour plastic container ( 1 It. Daba) from a white
colour plastic bag i.e Malt Max Glucose Powder .The blue plastic can was containing
approx. 50 Kg of prepared milk along with one more black colour plastic drum containing
approx.i0 Kg of prepared milk.
5 That I disclosed my Identity to both the accused no.1 & 2 as Government Food Inspector and asked
him to show the valid Licence for manufacturing & sale of milk and milk products as required under
provisions of law under Rule 24 of P.F.A Rules,1955 but he failed to show the same
6 That accused no.1 & 2 was found stocking the following articles of food -
(I) 50 Kg of prepared milk in blue colour plastic can
2. (ii) 10 Kg of prepared milk in black colour plastic can
(iii) 3 Lts of refined oil in white colour plastic can
(iv) 14 x 25 Kg + 10.500 Kg of Malt Max Glucose Powder
(v) 1.750 Kg of Caustic soda
7. That a request was made to join one or two persons for joining the proceedings of food sampling
procedure as public witness
8. That I served the notice on Form VI in writing to take sample of Mixed Milk which. was signed by
me, Sh. Kamaijeet Singh ASI and also signed by both the accused
Orignal Form six(VI) is Annexured as III
9. That I purchased 1500 ml of Mixed Milk from the blue colour plastic can containing approx. 50Kg
of Mixed Milk after stirring the bulk quantity of Mixed Milk with help of neat clean & dry glass rod
stirrer 5 time clockwise and 5 time anticiockwise from top to bottom and vice versa .The purchased
Quantity 1500 ml was taken into neat,clean & dry glass jar and added the prescribed quantity of
preservative and homogenesed properly payment of Rs. Was made and a payment receipt was prepared
at the spot which was signed by me , Sh.Kamaljeet Singh ASI and also signed by both the
accused���� original receipt is Annexure as IV
10. That the1500. of Mixed Milk divided into three equal parts approx. 500gm each into three neat
clean & dry glass bottles. A spot memo was prepared which was signed by me, Sh.KamalJeet singh
ASI and by both the accused
orignal spot memo is Annexured as V
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�������11.That three paper slip issued by the State Health Athourity having same serial slip
no.20913 duly signed by Local Health Athourity ,Barnala along with his code no.BS/ 76/ 08 written on
the slip itself. Each slip were pasted on the each sample portions with the help of gum covering the
mouth of each sample and were further secured by means of strong thread.The all the sample portions
were sealed at the spot on the five distinct places bearing the seal lmpressionMSD�
12.That the signature of both the accused were taken on the each sample portion in a manner that half
the signature appears on wrappers of the sample portions and half on the paper slip wrapped on the
same sample portions.l and Sh.Kamaljeet Singh ASI also signed in similar manner
13.That on reaching the office of LHA,Barnala on the same day I prepared five copies of Memorandum
Form VII and three seal impressions of the Seal used to seal sample portions were affixed upon the
above mentioned Forms
orignal copy is Annexured as VII
14)That other two samples purchased Quantities, one of Malt Glucose Powder 1500gm and
second .f Caustic Soda (Sodium Hydroxide) 750 gm were also sealed in the similar manner as per
procedure mentioned above and the Slip no.20914/ L.ILA. Code ne.US/77/0S was pasted on the three
sample portions of Malt Max Glucose Powder And Slip no.20916 LIlA. Code noRS/79/0S was
pasted on the three sample portions ..of. Caustic, Soda.. Original Spot memo of Malt Max
Glucose Powder and Caustic Soda Is Annexure as VL & V respectively
15) That the remaining stock of food detailed below was seized on Form V ( seerulell)under Sub-
section (4) of Section 10 of PFA,Act,1954 & rules 1955
( i) 48.500Kgof prepared milk in blue color plastic can
(ii) 10 Kg of prepared milk in black color plastic can
(iii) 1.5 liters of refined oil in white color plastic can
(iv) 14.500 x 25 Kg of Malt Max Glucose Powder in jute bags
(v) 1 Kg of Caustic soda( Sodium Hydroxide)
3. Details of other articles seized
(I) One Electronic Mixer ( Churner or Madani)
(ii) Two blue color plastic cans
(iii) Kit of testing Milk i.e.. acid bottle, glass pipets, etc
(iv) Wooden kit stand ,silver bucket ,two empty sample bottel
Original Form V is Annexure as VI E
16) That on reaching the office of LIlA, Barnala on the same day I prepared five copies of
Memorandum Form VII and three seal impressions of the Seal used to seal sample portions were
affixed upon the above mentioned Forms
Original copy of Form Villa Armexure as VI
17) That one-one sealed sample portions of the each four type of samples along with the copy of
Form VII Bearing the three sea! impressions were sent to public anlysist , Puniab Chadigarh
through special messenger Manjit singh, of Civil Surgeon office, Barnala in the same day evening
18) That the remmaning sample portions and Form VII were deposited at the office of LIlA. Barnala
on the same day evening, which were seals
19) That on receiving the Reports of the Public Analyst ,The Sample of Malt oe Powder ani Caustic
Soda I Sodism Ibrdroxide ) confirms *1w
Prescribed standards of PFA,Act,1 954 & rule 1955at *,
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Sodium Hydroxide and Skimmed milk powder as adidlerants where it should be free from the same
The contents of the sample are therefore Adulterated and unfit for human consumption�
Orignal Report of Mixed Milk is Annexure as V/I/C
26) That the Sample of Refined oil was declared Misbranded and Adulterated. In Which the Public
Analyst Punjab is of Opinion that
� the moisture of the content of the sample is 0.16% against the maximum prescribed standard of
0.10% and Acidic value is 1.45 against the maximum Prescribed standard of 0.5% .It also contain
sediment and separated water ,Moreover true nature of the sample is not given. Hence the Content
of the Sample are Misbranded and Adulterated
Original Report of Refine oil is Annexure as VIl/D
27)That on receiving the report of Mixed Milk declared unfit for human For human consumption , The
Quantity of 58.500 Kg of prepared mixed milk being of a perishable nature kept in two plastic cans
were destroyed as per
the procedure of PFA, Act,1954 & rules 1955
Original copy of Intimations the vendor of destroying the Mlxed..Milk..is..Annexure as.J
28) That both the accused no. 1.Sukhbir Singh sb S.Roop Singh & accused no.2 . Balbir Singh sb S.
Roop Smgh (both are real brothers) situated at vifiage Raisur Punjab as both are is fully responsible for
Manufacturing ,sale, work and conduct of business of the selling Milk & Milk products for human
consumption Which are declared unfit for human consumption. Both of them were found
manufacturing and stocking adulterants & adulterated Mixed Milk prepared from the adulterants for
sale to the public for human consumption. The Public Analyst Report of th Mixed Milk itself detects the
presence of adulterants Caustic Soda(Sodium irwkk ) !ktro Sorn Foreign Fat ( Ic. due to prccncc of
Rjjnc oil) and Skimmed MilkPowdex
29) That both te accused no. 1.Sukhbir Singh sb S. Roop Singh & accused no. 2 * Bulbir Siagb sbn S.
4. Roop Siugh (both are real brothers)rbo village Raisur Punjab has committed offence under the
Prevention of Food
� Adulteration Act,1954 ,aetion may kindly be tsken againct him ndcr section 7/16 of
PFA,Act,1954..aad under rule 50 of PFA Rules 1955 by LJJzg u1teraLed Mked Milk for sale to public
for human consumption without any valid license It is further prayed that since this offence facts under
section 262-265 of Cr.PC 1973 That the Complaint is submitted for
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COMPLANIANT
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ImspectorBarnala����������������������������������
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That Complainant bcg a Public Servant have to Perform uhilariona duties and is unable to attend this
Hon� Court on each and every date of hearing of this case, hence my presence on each and every date
of hearing of this case may kindly be exempted and APP attached with this Hon. Court may be allowed
to appear on my behalt However I may he summoned as when n required
COMPLAINT
LIST OF WITNESSES
i. Manjinder Singh Dhillon, Govt. Food lnspector,Barnala
2. Sh.Kamaljeet Singh ASI, PS Senha,Dlstt. Barnala
3.Sh.Harbajan Singh .Deallng Food Clerk 0/0 CIvil Surgeon Barnala
4.Dr.Balbir Singh Local Health Athourity ,Bamala
5.Sh.yuvraj Singh,PubIic Analyst Punjab.Chandigarh
6 Sh.Manjit Singh .Special messenger,o/o Civil Surgeon Bamala
ANNEXURES
Complaint in two copies
1. Photocopy of Notification of seizing samples Annexure as - I
2. Photocopy of Notification of launching prosecution Annexured II
3. Orignal copy of Form Six is Annexured as -Ill
4 .Orignal copy of receipt is Annexured as -IV
5. Orignal copy of spot memo is Annexured as - V
6.Orignal copy of Form seven is Annexured as - VI
7.Orignal Report of Public Analyst is Annexured as - VII
5. 8. OrigInal FORM V intimation for destroying the Perpared Mixed Milk
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� COMPLAINANT
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����������������������������� Manjinder Singh Dhillon
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����������������������� (Government Food Inspector)
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