STATE OF U P Vs. BHUP SINGH

JUDGEMENT

(1.) This is a State appeal against the order of acquittal recorded in case No. 1466/1x/73 under Sec. 7/16 of the Prevention of Food Adulteration of the District Mathura. I have gone through the record of the case and also heard the learned A. G. A. It appears from the judgment of the case that some sample was taken from Bhup Singh accused respondent here which he represented to be goat milk. It was sent for analysis. The said milk was purchased on 18. 6. 1978 and was sent for analysis immediately there after. The report of the Public Analyst dated 20. 7. 1978 shows that there was deficiency in non-fatty solids to the extent of 21% whereas the fatty solids were found to be 7. 1 %. The defence, inter alia, was that the milk was not for sale and was being carried for the benefit of ailing relation. Be it whatever it may, this is not going to obtain much as even otherwise no case was made out and that there was no justification for the State appeal. Obviously when there was deficiency in milk fat, and excess presence of non-fatty solids, it was not goat milk as nobody could and non-fatty solids to any type of milk. Even if it can be assumed that the milk sent to Public Analyst was of buffalo milk, no notice was given to the accused after the receipt of the report of the Public Analyst. The rules require to take immediate steps for notice in order to give opprotunity for fresh Analysts. When that opportunity is not given or sven if it is delayed considerably, the accused is denied of his defence and the prosecution case becomes doubtful, if not absolutely illegal. In the circumstances, there is no occasion for any interference with the acquittal recor ded by the learned Magistrate, The appeal, therefore, fails and dis-Appeal Dismissed. .