SHARMA P. S. Vs. MADANLAL KASTURICHANDJI

JUDGEMENT

(1.) THIS appeal is directed against an order of acquittal in proceedings arising under the Prevention of Food Adulteration Act, 1954.

(2.) ON the basis that the samples of the milk taken from the respondents contained 6.6% of milk fat and 7.5% of milk solids non - fat, the proceedings were initiated. As per the report of the Public Analyst, the sample contained 3.01% milk fat and 11.02% milk solids non - fat. The difference ultimately came down to only one per cent from the standard quantity. On this aspect, the contention put forth on behalf of the respondents is that the difference in percentage is on account of the circumstance that the distribution of fat in the milk in separate sample bottles will not be even as a result of violent churning of the milk. When marginal difference like one per cent was noticed by the Public Analyst or by the Central Food Laboratory, the courts have taken the view that it is possible that there may be some error creeping in the conclusion reached thereto. In somewhat similar circumstances, this Court has upheld the orders of the courts below acquitting the accused in Administrator of the City of Nagpur v. Laxman, 1995 Supp (1) SCC 247 : 1995 SCC (Cri) 354. The view taken by the High Court of Gujarat in State v. Bhagubhai Ramjibhai, 1982 (2) Guj LR 624 followed by the High Court is also on the same lines.