STATE OF MAHARASHTRA Vs. BAIJNATH SHAH MATHURA SHAH

JUDGEMENT

(1.) THE respondent-accused Baijnath Shah Mathura Shah Bania in this appeal, conducts a sweetmeat shop in which milk is also sold. This shop is housed in a sort of a shed which is situate opposite Shreeram Mills on the jail road at Worli, Bombay.

(2.) MANOHAR Ratan Sawant (PW-2) is the Food Inspector in the employ of the Bombay Municipal Corporation duly appointed as such under the provisions of Section 9 of the Prevention of Food Adulteration Act. On the morning of November 11, 1972 at about 7. 45 a. m. he visited the shop of the respondent-accused with a view to purchase milk for analysis. He called Anaji Narayan Govalkar (PW-1) and in his presence purchased 700 millilitres of cow's boiled milk from the accused on payment of its price of Rs. 2. 10 and at the same time he gave notice to the accused that he was purchasing this quantity of milk for purposes of analysis and he also obtained a receipt from the accused. He then added 19 drops of liquid formalin, a preservative, and then divided this quantity in three equal parts and after putting each part in a separate clean and dry bottle packed, labelled and sealed each bottle duly. One of the bottles of sample was handed over to the accused on obtaining his receipt and one was sent to the Public Analyst and the third was produced in Court as Exhibit "b". It may be noted that each of the three bottles was also affixed with label bearing the signature of witness Anaji Narayan, who was present at the time, and that of the accused.

(3.) THE Public Analyst received these bottles on the same day and after examining the sample, forwarded his report on 28-1-1972. The Public Analyst certified that the sample contained fat 3. 3 per cent, solid nonfat 6. 1 per cent and extraneous water 28. 2 per cent According to Rule A. 11. 01. 11 in Appendix "b" of the Prevention of Food Adulteration Rules, 1955, the standard of purity prescribed for cow's milk is that it should contain minimum of 3. 5 per cent of milk fat, and 8. 5 per cent of milk solid non-fat.