M.C.D. Vs. HAR NARAIN

JUDGEMENT

(1.) The respondent Har Narain was prosecuted by the Municipal Corporation of Delhi (herein called 'the Corporation') on a complaint filed under section 7 read with section 16 of the Prevention of Food Adulteration Act, 1954 (herein called 'the Act') on the allegation that the sample of 660 ml. of cow's milk sold by him to the Food Inspector Shri M M. Gupta on 20th April, 1974, on analysis by the Public Analyst was found to be adulterated, due to the deficiency of milk fats to the extent of 3.4 per cent in the said sample. The respondent was also tried for being found selling milk without licence.

(2.) The trial Court by its impugned judgment dated 30th April, 1975, accepting the plea of the respondent that the quantity of the milk sample bought by the Food Inspector, was not commensurate with the quantity required under the Rules framed under the Act and that he was thus prejudiced in the analysis, acquitted him of the charge of adulteration but found him guilty of having sold milk without licence. The trial Court accordingly by a separate order of the same date, convicted the respondent under section 7/16 of the Act and sentenced him to rigorous imprisonment for six months and also imposed a fine of Rs. 1,000.00, in default of payment of which the respondent was to further undergo rigorous imprisonment by two months.

(3.) The Corporation feeling aggrieved by the acquittal of the respondent in respect of his having sold cow's milk which on analysis was found deficient in milk fats to the extent of 3.4 per cent, has filed the present appeal.