PRABHU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Special leave granted.

(2.) The appellant is a milk vendor. On 19-3-1983, the Food Inspector took samples of milk from the custody of the appellant under Section 10 (7 of the Prevention of Food Adulteration Act, 1954 (for short the 'act'). He sent the sample for analysis on 21/3/1983. The Analyst in his report dated 30/3/1983 found that the milk fat was 4.8% and milk solids non-fat was 6.36% whereas the prescribed standard for milk fat is 4.5% and milk solids non-fat 8.5%. Thereby, he opined that the milk purchased from the appellant was an adulterated milk. On the basis of the said report, the prosecution was laid against the appellant. The Magistrate in his judgment dated 11/3/1987 found that the appellant had adulterated milk and convicted him under Section 7 read with Section 16 of the Act and sentenced him to a minimum period of 6 months and a fine of Rs. 1,000. 00. On appeal, it was confirmed and in Revision No. 61 of 1991, the Single Judge by judgment dated 30/3/1991 confirmed the conviction but the sentence was reduced to a period of 3 months and a fine of Rs. 500. 00. Thus this appeal by special leave.

(3.) Mr S. K. Jain, learned counsel for the appellant, contended that from the date of taking the sample till the date of laying the prosecution, there was considerable delay. There is an inordinate delay to forward the sample for analysis by the Directorate of central Food Laboratory which caused considerable prejudice to the appellant. The High court did not consider this aspect of the matter from this perspective. Therefore, the appellant is entitled to the acquittal. We find no force in the contention.