MUNICIPAL CORPORATION OF DELHI Vs. ZAMRUDDIN

JUDGEMENT

(1.) The only question raised in this appeal by special leave is that the sample of cow's milk was taken by the Food Inspector on 9-7-1963 at about 7A.M. but the complaint was filed against the respondent Zahiruddin, on 14-2-1964, i.e. after a delay of 7 months and 5 days. The sample was analysed by the Public Analyst on 18-7-1963 with the following results :- <FRM>JUDGEMENT_630_ILR(DEL)1_1972Html1.htm</FRM> and of the opinion that the same is adulterated due to 2.2 per cent deficiency in non-fatty solids which is equi- valent to 25.8 percentage deficiency in non-fatty solids (% added water)."

(2.) On 23-6-1964 the sample was received by the Director Central Food Laboratory, Calcutta with a memorandum dated 20th June 1964 addressed by Shri R.K. Jain, Magistrate 1st Class, Delhi for a certificate under Section 13(2) of the Prevention of Food Adulteration Act, 1954 which will hereafter be referred to as the Act. The sample was analysed by the Director on 1-7-1964 showing the following results:- <FRM>JUDGEMENT_630_ILR(DEL)1_1972Html2.htm</FRM>

(3.) Counsel for the respondent further argued that in the case Municipal Corporation of Delhi v. Ghisa Ram (ILR 1965 Punjab 543) the opinion of Dr. Sat Parkash who was Dairy Chemist in the Delhi Milk Scheme and was a notified Public Analyst of the Delhi Administration it was stated that if to such a sample a preserving agent was added, it may maintain its total percentage of fat and non-fatty solid contents for the purposes of analysis for, say, four months and if then the sample of this type is placed in a refrigerator, it will keep such qualities for some more months, say another two months, which gives a total of about six months, during which period the sample will be available for the purposes of analysis without deterioration or decomposition affecting the same. Similarly if-a properly sealed sample of curd is kept at room temperature for a week and then in a refrigerator for three weeks, and it is, thereafter sent to Calcutta for analysis, it will still be fit for analysis by the end of the fifth week, but it will start decomposing thereafter.