STATE OF GUJARAT Vs. BHARATKUMAR GORDHANBHAI SOJITRA

JUDGEMENT

(1.) Judgment and order dated 30.04.1996 passed by the learned Judicial Magistrate, First Class, Dhoraji recording acquittal of the respondents for the offences punishable under section 7(1) and 16 of the Prevention of Food Adulteration Act, 1954 (for short 'PFA Act') in Criminal Case No.1032 of 1992, is sought to be assailed in appeal under section 378(1)(3) of the Code of Criminal Procedure (for short 'Cr.PC').

(2.) Having considered rival contentions it appears that the complainant- Food Inspector had collected the sample of milk as described in Panchnama Exh.15 on 17.08.1992, at about 10.30 AM. Before collection of sample it appears that he found more than one container of milk in the shop. On inquiry from the vendor he learnt that container from which he intended to collect the sample of milk is 'separate milk' and is being separately sold at the rate of Rs.4-00 per litre. The laboratory also described the product as 'separate milk' and found it to be substandard since its fat contents were 1.5% and Milk Solids Not Fat was 9.61% against the prescribed standard of maximum of 0.5% and 8.7% respectively under the Prevention of Food Adulteration Rules, 1955 (for short 'the Rules'). The Trial Court, however, probed into Item A.11.01.11 of Appendix 'B' of the Rules and traced the aforesaid value to 'skimmed milk' and acquitted the respondents on the ground, inter alia, that no standards were prescribed for 'separate milk'.

(3.) The laboratory appears to have treated the sample as 'skimmed milk' and applied the standards prescribed in the Rules, accordingly, without any further official information with it justifying taking the sample as 'skimmed milk' for the purpose of applying such standards. It however, did not specify in the report the sample to be 'skimmed milk'; instead it was specified as 'separate milk'.