STATE Vs. ZALIM LONIA

JUDGEMENT

(1.) This is an appeal filed by the State of Uttar Pradesh against the judgment of Sri D. N. Srivastava, Magistrate, 1st class, District Basti, dated 8-10-1956 acquitting the respondent Zalim Lonia of an offence punishable under Section 16(1)(a) read with Section 7 (1) of the Prevention of Food Adulteration Act, 1954.

(2.) The prosecution case was that on 14-3-1956, at about 2 p.m., the respondent was carrying milk for sale. A Food Inspector, Ram Deo Sharma, (P.W. 1), suspected that the milk was adulterated. He purchased twelve chhataks of milk for six annas, divided it into three equal parts and sealed and labelled the same in three phials before the respondent. One phial was given to the respondent, one phial was sent to the Public Analyst at Lucknow for analysis and the third was sent to the Medical Officer of Health. The relevant portion of the certificate of analysis No. 4640 dated 5-4-1956, was as follows :

(3.) The sample contained about 31 per cent added water. No change had taken place in the constituents of milk which would have interfered with analysis. The sample has been judged on the basis of the statutory standards for buffalo milk. Signed this 5th (Sd.) A. C. Chatterji, April, 1956 (A. C. Chatterji) The sample belongs D. Sc., Dr. Ing. (Berlin) to Zalim, son of Kariya Lonia Public Analyst, Uttar Pradesh Lucknow.' 3. On the receipt of the report the respondent was prosecuted, tried and acquitted as mentioned above. The respondent in his statement admitted the sale of 12 Chhataks of milk to the Inspector as alleged by the prosecution. He also admitted that the milk was sealed in three phials and he had been given one of those sealed phials.