STATE Vs. SARAJUDDIN

JUDGEMENT

(1.) This is an appeal by the State against the Judgment dated 12-6-1976 of the Munsif-Magistrate 1st Class, Saharanpur acquitting the accused-respondent of an offence punishable under Sec. 16 read with Sec. 7 of the Prevention of Food Adulteration Act.

(2.) It is said that on 7th Oct., 1974 at about 12.30 P.M. in the City of Saharanpur the accused respondent was found selling milk by the Food Inspector S.C. Gupta (P.W. 1). When questioned, the accused disclosed that it was mixture of buffalo and cow milk. The Food Inspector took sample of the same on payment according to law. The portion sent to the Public Analyst was found to be adulterated as it was deficient in non-fatty milk solids by 19 per cent, but the fat content was above the prescribed limit. The learned Magistrate, therefore, acquitted the accused on a finding that the report of the Public Analyst cannot be relied upon in view of the observations made by this Court in S. Shah Vs. State of U.P., 1974 FAC 424.

(3.) I see no force in this appeal. As has been held by this Court in S. Shah Vs. State of U.P. (supra) and also in Criminal Revisions 2041 and 2042 of 1972 decided on 6-1-1978 (Kadam Singh and Puran Vs. State of U.P. and others, 1978 (1) FAC 160) there is no known method by which only non-fatty solids could be extracted from milk without disturbing the fat content. The learned Magistrate therefore, rightly held that the report of the Public Analyst was not reliable. There is no other evidence on the record to prove that the sample really was of adulterated milk.