MARY LAZRADO Vs. STATE OF MYSORE

JUDGEMENT

(1.) The main point for decision in this revision petition is whether non-compliance of the provisions of Rules 7 and 18 of the Prevention of Food Adulteration Rules, 1955(hereinafter referred to as the Rules)--affects the evidentiary value of the report made by the public Analyst so as to vitiate the conviction under S. 7 read with S. 16 of the Prevention of Food Adulteration Act, 1954(hereinafter called the Act).

(2.) There is no dispute about the relevant facts of this case. The Food Inspector of Mangalore Municipality purchased from the petitioner 700 m. litres of Cow's milk on payment of Rs. 0-70 on 19-4-1963 at 6.40 A.M. in Mangalore Town after due notice to her, for the purpose of analysis of the milk. He divided the sample into three portions and put them into three empty bottles adding 16 drops of Formalin as preservative and corked., sealed and labelled each of the bottles under a 'Yadast' (Executed. P-2) He handed over one of such bottles to the petitioner and sent another to the Public Analyst for analysis. The latter sent his report in due course stating that the cow's milk analysed by him contained 2 per cent of milk fat and 7 per cent of 'solids not fat'. According to the standards of quality mentioned in Appendix B to the Act, Cow's milk should contain not less than 3.5 per cent milk fat and milk solids other than milk fat should not be less than 8.5 per cent.

(3.) At the trial the petitioner pleaded not guilty. The prosecution examined the Sanitary Inspector, Store-Keeper of the Kannada Milk Society and the Sanitary Maistry. Many factual contentions raised by the petitioner were rejected and she was held guilty of selling adulterated milk and sentenced to pay a fine of Rs. 50 in default to undergo simple imprisonment for five days.