SHRIMATI KANTABEN CHAMPAKLAL Vs. D.V. MISTRI, FOOD INSPECTOR, AHEMEDABAD MUNICIPAL CORPORATION AND ANOTHER

JUDGEMENT

(1.) Kantaben Champaklal, the petitioner-Original accused, was convicted by the Metropolitan Magistrate, Ahmedabad, under sections 16(l)(a)(i) r. w. section 7(i) of the Prevention of Food Adulteration Act, 1954, and sentenced to suffer S. I. for six months and to pay a fine of Rs. 1000.00 i. d. S. I. for three months. In appeal filed by the petitioner, the order of conviction was confirmed, but the order of sentence was modified by substituting three months' S. I. and a fine of Rs. 500.00 i.d. one month's R. I.

(2.) Being aggrieved by the aforesaid order of conviction and sentence, the petitioner has filed this revision application.

(3.) To state shortly the facts are that, on the death of the petitioner's husband, she continued the business of her husband of selling milk. On July 2, 1976, Mr. D.V. Mistri the Food Inspector, purchased from the milk shop of the petitioner cow's milk at about 9-45 A. M. for the purpose of analysis. The quantity of milk purchased was divided into three parts and placed in three bottles which were sealed in the presence of the panch. One of the bottle sealed was later handed over by the Food Inspector to the Public Analyst with a memorandum for analysis. The Food Inspector delivered to the Public Analyst at the same time another packet containing a copy of the memorandum and specimen impression of the seal. The report of the Public Analyst showed that the fat contents were 3.4% and that under the rules the prescribed quantity should have been 3.5%. Thus, there was deficiency of . 1 % and the cow milk was sub-standard to that extent. There was no deficiency with regard to the rest of the contents. The Food Inspector filed a complaint against the accused, which resulted in her conviction as aforesaid.