MUNICIPAL BOARD Vs. LAL CHAND SURAJMAL

JUDGEMENT

(1.) This is an appeal by the Municipal Board of Falzabad against an order of acquittal of the respondents passed by the Sessions Judge of Faizabad of an offence under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954 which order of acquittal was passed fay him in appeal against an order of conviction by a Magistrate.

(2.) The respondents had a shop in mohalla Chauk in Faizabad where they sold tea and for the purpose of selling tea they stored milk also which is a necessary ingredient for the preparation of tea. Though Sewak Ram respondent is described as a proprietor and Lal Chand as the servant, it appears from the receipt Ex. Ka-3 that they are partners of the shop. On 26th October, 1961 at 8 a.m. the Food Inspector took a sample of milk purporting to be cow's milk from Lal Chand weighing 3/4th of a seer and sealed it in three bottles and paid a sum of .37 nP. to him as Its price. One of the bottles was kept by the Food Inspector, one was sent to the Public Analyst U. P. and one was handed over to Lal Chand from whom the milk was purchased. The report of the Public Analyst indicated that the sample contained fat to the extent of 2.7 per cent and non-fatty solids to the extent of 4.6 per cent. The deficiency in fat contents was thus 23 per cent and non-fatty solids about 46 per cent. It was on these facts that the two respondents were prosecuted.

(3.) Both of them pleaded not guilty. They admitted the taking of the sample by the Food Inspector but their defence was that the milk was not meant for sale but was meant for being mixed with tea. There is thus no doubt that one of the respondents on his own behalf and as a partner on behalf of the other did sell milk for analysis to the Food Inspector from his shop where he had kept it for preparing tea.