M.C.D. Vs. GANGA RAM

JUDGEMENT

(1.) Ganga Ram was prosecuted under section 7 read with section 16 of the Prevention of Food Adulteration Act for having sold adulterated curd made of cow's milk. He was convicted and sentenced to two months rigorous imprisonment and a fine of Rs. 500.00. In default of payment of fine it was ordered that he would undergo rigorous imprisonment for a further period of two months This order was announced by a Judicial Magistrate, Delhi, on May 30, 1970. Ganga Ram preferred an appeal which was heard and disposed of by an Addl. Sessions Judge, Delhi by judgment dated Sept. 25, 1970. The Additional Sessions Judge set aside the conviction and sentence and acquitted Ganga Ram. According to the Additional Sessions Judge it was not proved on record that the sample of curd was taken in a proper manner by the Food Inspector

(2.) Shri Nand Kishore, Food Inspector, went to Ganga Ram's shop on Oct. 25, 1969 in the morning. He disclosed his identity and purchased 600 grams of curd. A sum of Rs. 1.20 was paid a, price. The sample taken was divided into three parts and put into three dry clean bottles which were sealed. One of the bottles was sent to the Public Analyst who on analysis found that the sample had 2.95% of fat instead of the prescribed 3.5%. The non-fatty solids were, however, found to be in excess being 9.68 per cent as against the prescribed 8.5%. The sample of curd was thus considered to be adulterated due to 0.55% equivalent to 15.7% deficiency in fat. As noticed earlier, Ganga Ram was prosecuted.

(3.) The defence case was that the sample was not taken properly by cutting the curd in its receptacle vertically. It was pleaded that the curd was cut slantingly. The prosecution case, however, was that the sample was properly taken and bottled.