MUNICIPAL CORPORATION OF DELHI Vs. RAM

JUDGEMENT

(1.) This appeal arises from the judgment of Shri C. D. Sharma, Judicial Magistrate 1st Class, Delhi dated 29-10-69 whereby Shri Ram respondent was acquitted of the charge under Section 7116 of prevention of Food Adulteration Act, 1954 framed against him on account of the complaint filed by the Municipal Corporation of Delhi.

(2.) Sri Ram had a shop where milk and curd were sold in Gali Bahuji, Pahari Dhiraj, Delhi. Shri V. N. Sharma, a Food Inspector visited that shop at 7.00 A.M. on 19th April, 1969 and purchased from Sri Ram 660 MI. of Cow's milk for purposes of analysis against payment of 90 P., the price of the said quantity of milk. The sample of milk so purchased was divided into three equal parts and put in three clean and dry bottles which were properly sealed after addition of the requisite 18 drops of formalin per bottle. One of the three sealed bottles was given to Siri Ram and another was delivered to the Public Analyst for test. The milk sold by the shopkeeper was claimed by him to be cow's milk and it was required, accordingly to the standards laid down by the Prevention of Food Adulteration Rules, 1955, to contain not Jess than 3.5 per cent milk fat and not less than 8.5 per cent milk solid not fat. The Public Analyst, however, found that although the fat content of the milk was 5 per cent, the other solid was only 7.14 per cent. The deficiency in the non-fat solid spelt out 16 per cent adulteration. In that context a complaint was lodged by the Municipal Corporation of Delhi against the vendor of the milk, Siri Ram.

(3.) The learned Magistrate who tried and disposed of the complaint was of the view that since the total solids found in the sample were more than the prescribed minimum of 12 per cent, the fat content being much in excess of the prescribed minimum i.e. 3.5 per cent, it was quite probable that the Public Analyst was not able to isolate the fat contents so successfully as to have left no scope for slight variation as found in the sample and proceeding of this presumption gave the accused benefit of doubt and acquitted him.