NAGAR SWASTHYA ADHIKARI Vs. RADHEY MOHAN

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and order of special Judicial Magistrate Allahabad, acquitting the appellant of the offence punishable under Section 7 (1)/16 (a) (i), Prevention of Food Adulteration Act (1954).

(2.) THE facts are very brief. A sample of milk was taken by the appellant. On analysis by public Analyst the sample was found to contain 6.5 per cent contents of Milk fat and 7.6 per cent of non-fat milk solid. THE trial court held that the deficiency in the milk fat was 0.9 per cent only. This could be on account of error in the analysis. Hence a benefit of doubt on above solitary ground was given to the respondent about this error and he was acquitted for the charges levelled against him. No other aspect of evidence was discussed.

(3.) IN the present case fat contents was found to be 6.5 per cent. It was 2 per cent higher than the minimum standard prescribed under the rules. The minimum standard for non faty solids was 8.5 per cent whereas in the sample milk it was found to be 7.6 per cent. Thus, there was a deficiency of .9 per cent only. The public analyst has wrongly reported that the deficiency was 13 per cent.