AJITPRASADRAMKISHANSINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal, by special leave, is from the judgment of the High Court of Bombay, convicting the appellant under section 16 (1) (a) (I) read with Section 7 (I) of the Prevention of Food Adulteration Act (Act 37 of 1954), hereinafter called the 'Act', and sentencing him to undergo R. I. for 6 months and pay a fine of Rs.1,000/- and, in default of payment of fine, to undergo R. I. for a further period of two months.

(2.) The appellant was the owner of a sweet meat shop on Kurla-Andheri Road, Bombay, On July 1, 1965, the Food Inspector of the Bombay Municipal Corporation visited his shop at 9.55 A.M. and took a sample of unboiled buffalo milk after conforming to the formalities enjoined by the Act. The Food Inspector divided the sample into three parts, retained two parts with him and delivered the other part to accused No. 2, who alone was in the shop at the time. The Food Inspector sent one part for analysis by the Public Analyst. Exhibit 'B' is the report of the Analyst. That showed the fat content of milk as only 2.7 per cent instead of 6 per cent as required by the rules framed under the Act. On the basis of the report the accused were prosecuted.

(3.) Accused No. 1, the appellant, admitted that he was the owner of the shop and that accused No. 2 who actually sold the milk to the Food Inspector was his nephew. As the whereabouts of accused No. 2 could not be traced, the case as against him was dropped.