NAGAR SWASTHYA ADHIKARI Vs. BAHADUR SINGH

JUDGEMENT

(1.) The Nagar Swasthya Adhikari of Nagar Mahapalika, Agra has filed this appeal against the acquittal of Bahadur Singh Respondent under Sec. 7/16 of the Prevention of Food Adulteration Act (hereinafter referred to as the Act) by the Munsif Magistrate 1st Class, Agra by his judgment dated 22 -1 -1977 passed in Criminal Case No. 1564 of 1976.

(2.) The case of the prosecution is that on 14 -4 -75 at about 7 P. M. Rajendra Mohan Chaturvedi (PW 1) Food Inspector of the Nagar Mahapalika, Agra found Bahadur Singh Respondent selling milk in Mohalla Nala Mantola within the limits of the Nagar Mahapalika, Agra. He gave notice to him under Rule 12 of the Rules framed under the Act and obtained his signature on its copy Ext. Ka. 1. He purchased 6.60 Mls. of milk from Bahadur Singh Respondent for Re. 1.30 P. The receipt of the payment of Re. 1.30 P. as the price of the milk was given by Bahadur Singh Respondent to the Food Inspector, which is Ext. Ka. 2. The milk was divided into three parts and put in three bottles which were sealed. A report was prepared by the Food Inspector on the spot and the signatures of the witnesses were obtained on it, which is Ext. Ka. 3. The signature of Bahadur Singh Respondent was also obtained on form No. 7, which is Ex. Ka. 4. One of the bottles was sent to the Public Analyst for analysis and the report of the Public Analyst showed that the sample of milk sent to him contained 2.3% of milk fat and 6.6% of non -fatty solids. It was thus deficient by 34% in milk fat and 22% in non -fatty solids on the basis of the standard prescribed for cow's milk.

(3.) The complaint under Sec. 7/16 of the Act was filed by the Nagar Swasthya Adhikari of the Nagar Mahapalika, Agra against Bahadur Singh Respondent in the court of Munsif Magistrate 1st Class, Agra on 12 -9 -1975.