ADMINISTRATOR OF THE CITY OF NAGPUR Vs. LAXMAN

JUDGEMENT

(1.) Heard learned counsel for the parties,

(2.) This appeal against acquittal arises under Prevention of Food adulteration Act. The whole question is whether the sample of cow milk is adulterated so as to attract the penal provision of the Act. Learned Magistrate who acquitted the respondent who was a small milk vendor noted that the fat percentage is 6% as against 3.5% which is more than the standard prescribed for cow milk. The only shortfall was that S. N. F. was 7.3% where it ought to have been 8.5%. Further, it noted that the total solids are 13.37 which is again more than the satisfying standard of cow milk. Under these circumstances, we cannotsay that courts below have erred in acquitting them giving the benefit of doubt to the respondents. The appeal is, therefore, dismissed. However, other questions of law which have been debated by the courts below do not really matter, therefore, we do not propose to examine the same.