STATE OF GUJARAT Vs. KHIMABHAI NATHABHAI BHARWAD

JUDGEMENT

(1.) The above Criminal Appeals are filed against the order of acquittal passed by the learned Chief Judicial Magistrate, Bhavnagar, on 10-6-1983 in Criminal Case No. 3043 of 1980 by which he acquitted both the accused of the offences under Secs. 7(i)(iii)(5), 16(i) (A)(i)(ii) and 16(l- A)(i)(ii) of the Prevention of Food Adulteration Act. The Criminal Appeal No. 768 of 1983 is filed by the State while the Criminal Appeal No. 1219 of 1983 is filed by the Food Inspector, the original complainant.

(2.) The question that arises in the present case is that when a milk vendor adds formalin to the milk to be sold to the public for human consumption whether he commits an offence under the provisions of the Prevention of Food Adulteration Act or the Rules made thereunder, or not.

(3.) The short facts of the case are that the respondent No. 1 is the father of the respondent No. 2. The respondent No. 1 is doing milk business in Bhavnagar by going to the houses of the customers. He is also holding a licence issued by the Municipal Authorities. In absence of the respondent No. 1, the respondent No. 2, his son was doing the business on behalf of respondent No. 1. On 27-8-1980 at about 11.30 a.m. the original accused No. 2 (respondent No. 2) sold milk to the Food Inspector, who took two samples of the milk each of 750 ml. and he paid Rs. 1.50 per sample. After following the required procedures the Food Inspector gave to the first sample of 750 ml. "S. 26" and he gave "S. 27" to the second sample. In the sample S. 26 he added 60 drops of formalin and he put the milk in three cleaned dried bottles in equal quantity and thereafter packed it properly by affixing the cork tightly with a view to avoid any leakage therefrom. Thereafter as per the rules be also packed the said bottles. But he did not add any formalin in S. 27. He also packed the said sample of milk in three cleaned dried bottles. He sent the sample S. 27 to the Public Analyst at Bhuj after mentioning in covering letter (Ex. 30) that no formalin was added to the sample milk. So far as sample S. 26 is concerned, opinion is clearly stated in report (Ex. 36) that total solids 9%, milk fats 0.3% (PFA limit 0.5%). milk solid non-fat 0.7% (PFA limit 0.7%). As in the positive test formalin was found in sample S. 27 though no formalin was added by the Food Inspector, the aforesaid offence was made out.