RAM KISHORE Vs. STATE

JUDGEMENT

(1.) For selling adulterated curd, on Dec. 31, 1965, at shop No. 4, Western Court, New Delhi, Ram Kishore was convicted by Shri S.L. Dua, Magistrate First Class, under section 7 read with section 16 of the Prevention of Food Adulteration Act, 1954 and was sentenced to six months rigorous imprisonment and fine of Rs. 1,000.00. The appeal filed by the convicted person was heard by Shri M.L. Jain, Additional Sessions Judge, Delhi, and was dismissed, on Nov. 1, 1966 Thereafter on Nov. 16, 1966, the present revision was filed.

(2.) As there was no indication as to whether the curd had been prepared from buffalo or cow milk, the standards of quality as prescribed for buffalo milk, by clause A.11.01.02 of Appendix B to the Prevention of Food Adulteration Rules, 1955, had to be satisfied if the article of food was not to be regarded as adulterated. The said clause requires buffalo milk in Delhi to contain not less than 6 per cent of milk-fat and milk solids other than milk fat to be also not less than 9 per cent.

(3.) The report (Exhibit PW 1/B) of the Public Analyst, dated Jan. 21, 1966, shows that on analysis the sample of curd of milk was found to contain 5.23% fat and 11.08% of non fatty solids. In the opinion of the Public Analyst the sample was adulterated due to deficiency of 0.77 in fat percentage.