M.C.D. Vs. KISHAN LAL

JUDGEMENT

(1.) This appeal is against an order of acquittal, date Aug. 31, 1970, made by Shri G.S. Aggarwal, Judicial Magistrate First Class Delhi, in a case under section 16 read with section 7 of the Prevention of Foo Adulteration Act, 1954.

(2.) There is a Halwai shop at No. 2107, Hakimpura, Delhi, where mil is also sold. On May 20, 1970 a Food Inspector of the Municipal Corporate of Delhi went to that shop and purchased from Kishan Lal 660 milligrams of milk, which was indicated to be cow-milk The milk was divided into three portions and each portion was filled in a bottle. One of those sample bottle was delivered to the Public Analyst on the same day and the milk was reports to be adulterated due to 0.37 per cent deficiency in milk solids not fat. The result of the analysis by the Public Analyst was as follows:- <FRM>JUDGEMENT_23_LAWS(DLH)4_1975_1.html</FRM>

(3.) The defence of Kishan Lal was that the small deficiency found it milk solids other than fat was due to "defective sampling". No defence evident; was, however, produced.