STATE OF KERALA Vs. P K CHAMU

JUDGEMENT

(1.) This appeal filed by the State challenges the acquittal of the respondent in a case under the Prevention of Food Adulteration Act, 1954, hereinafter called the Act.

(2.) On August 18, 1972 at about 7 a.m. Pw. 1, the Food Inspector, purchased 660 ml. of buffalo milk for a price of Rs. 1.25 and divided and sampled the same into three equal parts in accordance with the provisions of the Act. One of the sample bottles was given to the respondent, the other was sent to the Public Analyst for analysis and the third part, M.O. 1, was retained by Pw. 1 and later produced in court. As per Ext. P5, the report of the Public Analyst, the sample did not conform to the standard prescribed for buffalo milk, by the rules framed under the Act and also contained not less than 9% of added water as calculated from the freezing point "Hortvet's method". At the instance of the respondent, the sample part given to him was sent to the Central Food Laboratory, Calcutta, for analysis and Ex. B1 is the certificate of the Director of the Central Food Laboratory.

(3.) In denying the guilt, the respondent, when examined on the prosecution evidence, admitted the sale of 660 ml. of buffalo milk to Pw. 1, but contended that the report of the Public Analyst and the certificate of the Director are conflicting and that there is no reliable evidence to conclude that the milk sold by him was adulterated. He also stated that the milk in question was not intended for sale.