NAGAR SWASTHYA ADHIKARI NAGAR MAHAPALIKA Vs. RAM KHELAWAN

JUDGEMENT

(1.) THIS appeal is directed against order of acquittal recorded on 16. 11. 1977 by Sri K. P. Mathur, learned special Judicial Magistrate, Allahabad in Criminal Case No. 1775 of 1976 under Sections 7 (i)/16 (i) (a) (i) of Prevention of Food Adulteration Act 1954.

(2.) ON 17. 11. 1975 at about 9. 30 A. M. , Sri I. N. Wahab, Food Inspector, Nagar Mahapalika, Allahabad found respondent selling mixed cow and buffalow milk, Food Inspector disclosed his identity, and served notice in Form VI Ex Ka I on respondent and purchased 700 ml. milk from respondent in presence of witnesses on payment of Rs. 1. 50 as price vide receipt Ext. Ka 2; sample was sent to the Public Analyst vide report Ext. Ka3 dt. 23. 12. 1975; on analysis it was found that the sample contained fat 3. 5% and non fatty solids 9. 4% (milk solids other than milk fat ). The sample was deficient in fat contents by about 18% according to the standard for cow buffalo mixed milk. After procuring necessary sanction for prosecution from the Chief Medical Officer concerned a complaint was filed.

(3.) PROSECUTION examined Sri I. N. Wahab, Fobd Inspector (PW 1) and Suresh Chandra Srivastava (PW 2) to prove the necessary documents.