(1.) THIS judgment shall govern both the appeals, as the accused is the same in both the cases and both of them were disposed of by one trial.
(2.) THE Nagar Swasth Adhikari. Agra, has preferred these appeals against the orders, dated 13th December, 1971, of Sri A. N. Bhargava. Magistrate, 1st Class, Agra acquitting the accused in both the cases out of which these appeals have arisen.
(3.) THE prosecution case, in brief is that the accused-respondent was found selling cow milk on 25th December, 1967 and 6th January, 1968, at about 9 O'clock in the morning in Shivaji Market by the Food Inspector, who purchased 660 millilitres of milk as sample on cash payment of. 62 P. and. 60 P. respectively. The milk was divided in three equal phials, in each of which 17 drops of formalin were added in both the cases. One sample was given to the accused, the other was sent to the Public Analyst, and the third was retained in the office of the Nagar Swastha, Adhikari in respect of the milk taken on both the days. The report of the Public Analyst showed that the sample milk was deficient in fatty solid contents by about 34% and in non-fatty solid contents by about 59% in the sample taken on 25th December, 1967, and it was found deficient in non-fatty solid contents by 27% in the milk taken on 6th January, 1968. It is on these allegations that the accused was charged under Section 7 read with Section 16 of the Prevention of Food Adulteration Act (hereinafter called the Act), in both the cases.