RAJINDER KUMAR Vs. STATE OF H. P.

JUDGEMENT

(1.) Leave granted.

(2.) The appellant stands convicted under Section 16(1) of the Prevention of Food Adulteration Act, 1954 (for short "the Act"). He is sentenced to undergo simple imprisonment for a period of six months and a fine of Rs. 1000/- He filed an appeal before the Sessions Court. The conviction and sentence were confirmed by the Sessions Judge against which he preferred a revision before the High Court of Himachal Pradesh but he did not succeed in that endeavour also.

(3.) When the appellant approached this Court by special leave, learned counsel highlighted a point that as the food article alleged to have been sold to the Food Inspector was boiled milk the standard fixed for cow's milk or buffalo's milk or goat's milk could not have been adopted. We also felt a doubt initially whether boiled milk was included in the class of milks specified in the Rules under the Act. Hence, we appointed Mr Rakesh Dwivedi, learned Senior Counsel as amicus curiae. We are much benefited by the service rendered by the Senior Counsel and we express our gratitude to him.