M.C.D. TOWN HALL Vs. RAGHBIR SINGH

JUDGEMENT

(1.) THIS is an appeal by the Municipal Corporation of Delhi against the judgment dated 30th June 1976 of Shri J.D. Kapoor, Metropolitan Magistrate, by which the learned (sic) offence under section 7 read with section 16 of the Prevention of Food Adulteration Act.

(2.) THE fact briefly are that on 7th September, 1974, the Food Inspector Shri Y.N. Bhatnagar purchased 660 mililitre of cow's milk from the respondent on payment of price for the purpose of analysis. The Food Inspector divided the sample into three equal parts and sent one part of the sample to the Public Analyst. The Public Analyst on analysis found the sample to be adulterated due to 0.94 deficiency in milk solids not fat percent and 0.6 deficiency in milk fat percent.

(3.) ON 24th January 1976 the accused filed an application before the Magistrate alleging that the sample taken was short of the quantity required for analysis and requested that the sample bottle in possession of the Food Inspector be got produced and measured. An order for the production of the sample bottle in possession of the Food Inspector was passed. The sample bottle was produced. The seals on the sample bottle were found intact. On opening the bottle the contents were found to have decomposed. The contents on measurement were found to be 170 milli-litre. The court examined Shri P.P. Bhatnagar, Public Analyst, as a court witness and he gave evidence that an article of food on decomposition is bound to lose in weight and volume. The Public Analyst could not tell what exactly would be the loss in weight and volume.