DATTAPPA MAHADAPPA Vs. SECRETARY MUNICIPAL COMMITTEE

JUDGEMENT

(1.) THIS order will also govern the decision of criminal Revn. No. 29 of 1960 The applicant in each ease was convicted at a summary trial of an offence under Section 5 (a), C. P. and Berar Prevention of Adulteration Act and sentenced be pay a tine of Rs. 51. Each of them was ordered to pay in addition compensation of Rs. 1-12-0 to the non-applicant.

(2.) THE non applicant is the Municipal Committee at Buldana. Its case is that on is 18. 1. 1949 each of the applicants offered for sale milk which was not of the standard fixed by the Provincial Government by the Notification No. 3775 160 XV of 1941, dated 30. 6. 1948, under Section 6 (1) of the Act. It is admitted before me that each of the applicants offered milk for sale and that a sample was taken therefrom and sent by the Municipal Committee for analysis to the Public Analyst, C. P. and Berar.

(3.) EACH of the applicants, however, denied that the milk was adulterated.