MUNICIPAL CORPORATION OF DELHI Vs. ALTAF

JUDGEMENT

(1.) On July 3, 1969 Shri 0. P. Gupta, a Food Inspector of the Municipal Corporation of Delhi, found in Kucha Dakhni Rai, Darya Ganj, Delhi, one Altaf carrying on a cycle two cans of milk. The milk was for sale and was indicated to be cow-milk. The Food Inspector purchased 660 miligrams of the milk for purposes of analysis.

(2.) On one of the parts of the milk being analysed by the Public Analyst it was found to contain 5.9 per cent of milk fat and 7.42 per cent of milk solids not fat. As the milk solids not fat were below the prescribed standard by 1.08 per cent the sample was reported to be adulterated and on its basis prosecution was instituted against the vendor of the milk.

(3.) During the trial of the case the sale of milk by the respondent to the Food Inspector was not disputed. The only contention raised was that the total solids found in the sample of milk were more than the prescribed minimum of 12 per cent and that the fat content was also in excess of the prescribed minimum of 3.5 per cent and, therefore, the variation from the prescribed standard was only borderline. By accepting that contention the learned trial Magistrate, on February 4, 1970, acquitted the accused. It is against that order of acquittal that the present appeal was filed, with special leave, on behalf of the Municipal Corporation of Delhi.