CHINTAMANI Vs. STATE AND ANR.

JUDGEMENT

(1.) The applicant has been convicted under the Prevention of Food Adulteration Act, 1954, for selling adulterated cow's milk.

(2.) On 5.4.61 while the applicant was selling milk, the Food Inspector took its sample after complying wit the requisite formalities. The sample was divided into three parts and each part was sealed as required. One part was given to the applicant, another part was sent to the Public Analyst for a report and the third part was retained by the Food Inspector himself. The Food Inspector (Shri. V.N. Singh) stated in his cross-examination that the phial of the sample which was intended to be retained, was handed over by him to the Nagar Swasth Adhikari.

(3.) In his report dated 5.5.61 the Public Analyst reported that the sample was deficient in non-fatty solids by about 14 per cent. On 16.12.61 a complaint was lodged in court against the applicant.