NEW DELHI MUNICIPAL COMMITTEE Vs. BHOPAL

JUDGEMENT

(1.) On 29th July 1976 at about 6.45 A.M. the respondent herein Bhopal was found selling mixed milk in a can which contained on it the writing "mixed milk". The Food Inspector Shri Darbari Lal purchased 660 milli litres of milk from the respondent. The Food Inspector divided the sample in three parts and sent one- part of the sample ti.' the Public Analyst who on analysis found the sample to be adulterated due to .18 deficiency in milk solids non fat contents.

(2.) The learned Metropolitan Magistrate acquired the accused on the ground that the deficiency found in the sample was marginal and negligible. The Magistrate for Ins conclusion relied upon Municipal Corporation of Delhi v. Om Prakash. 1970 CRlj 1047. Against the order of acquittal the New Delhi Municipal Committee has come in appeal.

(3.) Mr. Gnpta ;ippe;uit]g fur the appellant contended tliat the ('act that in the sample of milk only a marginal deviation in the prescribed standard of purity was found was not a good ground for acquittal. The counsel in support of his contention referred to Des Raj v. The State of Punjab 1980 FAJ 440 ; Municipal Corporation v. Nestle's Products. 1975. FAJ. 486.