LOCAL HEALTH AUTHORITY Vs. JOGINDER SINGH

JUDGEMENT

(1.) TRIAL Court has convicted the respondent under Section 16(1) read with Section 7 of the Prevention of Food Adulteration Act, 1954 (for short hereinafter referred to as "the Act ") for violating sub-clause (a) & (m) of Section 2(ia) of the Act; sentenced to undergo rigorous imprisonment for six months with fine of Rs.3,000.00 (Rupees Three Thousand Only) and in default of payment of fine to undergo simple imprisonment for one month.

(2.) RESPONDENT preferred an appeal before the Additional Sessions Judge, Delhi, which has been allowed and the respondent has been acquitted by the order dated 2 nd June, 2010, impugned in CRL. L.P. 401/2010 Page 2 of 5 this petition.

(3.) ON 6 th June, 1999, Food Inspector Shri R.P. Singh intercepted a milk tanker containing double toned milk. Sample of milk was drawn. Twenty drops of formalin were mixed as preservative. Sample was divided in three parts and kept in three different clean and dry bottles. Thereafter, bottles were sealed. One sample was sent to Public Analyst. As per the report of Public Analyst, milk fat was found 1.9% and milk solids not fat 8.36%. Sample was reported as adulterated since it did not meet the prescribed standards as milk solids not fat was less than prescribed minimum limits of 9%.