NAGAR SWASTHA ADHIKARI, NAGAR MAHAPALIKA Vs. MANGALIA

JUDGEMENT

(1.) This is an appeal against the order of a Magistrate, First Class, Agra, acquitting the respondent u/Ss. 7 /16 of the Prevention of Food Adulteration Act. The respondent runs a dairy in Bagh Muzaffar Khan within the limits of the Nagar Mahapalika, Agra. At about 6.00 a.m. on 30 -8 -1963 the Food Inspector Sri M.C. Kalra purchased 3/4 Seers of cow's milk by paying 52 Paise as its price from that dairy. He divided the milk purchased by him in three parts, sealed each one of them, and gave one sealed bottle of the sample to the respondent. A notice u/R. 22 of the Rules framed under the PFA Act was also served on the respondent. One sample was sent to the Public Analyst who sent his report on 20 -9 -1963. He found that the fat contents in the sample were 4.9% and non -fatty solids 7.1%. After the receipt of the report of the Public Analyst, a complaint was filed on 3 -8 -1964 against the respondent by the Nagar Swasthya Adhikari, Agra.

(2.) The respondent admitted the purchase of milk by the Food Inspector, the payment of its price, its division into three parts, the sealing of each bottle containing the sample, and the giving of one of the bottles to him. He stated that the Food Inspector mixed something like water in the sample taken from him, and that thereafter he also mixed some chemicals.

(3.) The selling of milk by the respondent to the Food Inspector was not challenged before me. The allegation of adding water was found to be false.