H V BAVENNA Vs. STATE OF KERALA

JUDGEMENT

(1.) On a complaint by the Food Inspector, Kanhangad Circle, the accused was convicted for an offence punishable under S.16(l)(a) read with S.7(1) and (2)(ia)(m) of the Prevention of Food Adulteration Act, hereinafter referred to as 'the Act' and R.44(d) and 50(la) of the Prevention of Food Adulteration Rules, hereinafter referred to as 'the Rules' as well as R.10 of the Kerala Food Adulteration Rules, by the Judicial First Class Magistrate, Hosdurg, who sentenced him to simple imprisonment for six months and to pay a fine of Rs. 1,000/-. The charge against him was that on 21-11-1979 at about 2 p.m. he was found having exposed for sale adulterated buffalo milk for human consumption at the premises of the Kanhangad Cooperative Milk Supply Society bearing No. VI/561-B of the Kanhangad Panchayat without licence. In Crl A No. 69 of 1982, the Sessions Judge, Tellicherry acquitted him. The case was taken up in calendar revision. Notices were issued. Both sides were heard.

(2.) The Sessions Judge acquitted the accused on the grounds: (i) he is entitled to protection under the proviso to S.2(ia)(m) of the Act, (ii) the freezing point test, which is the reliable test to find out added water was not conducted and (iii) S.13(2) of the Act was violated.

(3.) Ext. P2 report of the Public Analyst showed that milk fat was 7.1 per cent and milk solid non fat was 6.6 percent in the sample. The prescribed standard for buffalo milk is milk fat 5 per cent and solid non fat 9 per cent. In the sample milk fat was found 2.1 per cent in excess of the prescribed minimum. The main item of adulteration was deficiency in milk solid non fat by 2.4 per cent from the prescribed minimum.