NAGAR SWASTHAYA ADHIKARI, ALLAHABAD Vs. MEWA LAL

JUDGEMENT

(1.) This appeal by special leave is directed against the order and judgment of acquittal dated 9. 5. 1977 passed by Sri K. P. Mathur, special Judicial Magistrate, Allahabad.

(2.) Briefly stated, the prosecution case was that on 4. 12. 1973 at about 11. 30 A. M Sri Madan Gopal Misra, Food Inspector Nagar Maha-palika Allahabad found Mewa, respondent, carrying milk for sale in Khalasi Lines within the limits of Nagar Mahapalika, Allahabad. The Food Inspector purchased 660 ml. of milk on payment of price and after observing all the relevant rules and formalities, the milk was put in three phials in equal quantity and the phials were duly labelled and sealed. One phial was handed over to the respondent. One sample phial was sent to the Public Analyst who reported that the sample contained 5.1 per cent fat and 7.8 per cent non-fatty solids. The sample was treated as adulterated and, therefore, the Nagar Swasthaya Adhikari filed a complaint against Mewa Lal respondent, for having committed an offence punishable under sections 7/16 of the Prevention of Food Adulteration Act (briefly the Act).

(3.) The case of the accused was that he was carrying cow's milk for his own consumption. He examined himself in defence.