SINDHI Vs. NAGAR SWASTHYA ADHIKARI NAGAR MAHAPALIKA AGRA

JUDGEMENT

(1.) S. K. Agarwal, J. Heard learned Counsel for the applicant and learned A. G. A.

(2.) BRIEF facts of the case are that a sample of cow's milk was taken from the applicant by Food Inspector, M. N. Singh, near Mama-Bhanja Tonga Stand. After completing the formalities of preparing form VI, sealing the sample phial, obtain ing signatures of the applicant as well as the Food Inspector and witnesses over these papers, the Food Inspector had deposited the sample phials at the office of the Chief Medical Officer, Agra. One phial of the sample was sent to the public analyst. According to the report of the public analyst the sample was found to be deficient in non-fatty solids contents by 26% (percent ). The required quantity of the non-fatty solid in cow's milk is 8. 5%. In the result the applicant was prosecuted in the year 1980 by the Food inspector. The prosecution ended into conviction of the applicant on 20-10-1984. The applicant was convicted under Section 7/16 of the P. F. A. Act and he was awarded a sentence of 6 months' R. I. and a fine of Rs. 1,000. In default of payment of fine, the applicant was to undergo further sentence of 3 months' R. I. His appeal also met with failure. His conviction and sentence under provisions of the abovesaid Act were con firmed by learned VIII Additional District Judge, Agra, Sri Swatantra Singh, vide his judgment and order dated 24-1-1987 passed in Criminal Appeal No. 265 of 1984.

(3.) CONSIDERING the date of taking of the sample, the date of first conviction and the date of dismissal of his appeal, the applicant had fought this case in various Courts now for over 20 years. The deficien cy is only in non-fatty solids. This deficien cy does not render the milk in any manner injurious to health of its consumers. This aspect is not of much utility while deciding a case under this Act. Such a finding is required only when the article of food is alleged to be obnoxious by the prosecu tion! It is used as a compassions factor.