STATE OF MAHARASHTRA Vs. UDAYRAM RUPRAM OZA

JUDGEMENT

(1.) This appeal preferred by the State against an order of acquittal passed in respect of an offence under the Prevention of Food Adulteration Act, raises an interesting point of law.

(2.) The respondent-accused was running a hotel known as "Shankar Vilas Hindu Hotel" situated in Shetiya Market at Parel, Bombay. On 28th September, 1973 at about 3-15 p.m. the Food Inspector of the Food and Drugs Administration, visited the shop and after disclosing his identity, asked the accused to give him 60 ml. of buffalos milk. According to the prosecution, the accused gave the quantity of milk asked for and received Rs. 2/- as price of the same. After following the usual procedure of dividing the sample into three equal parts and adding 20 drops of formalin to each one of the said samples, and after the receipt of the report from the Public Analyst, to whom one sample was sent, the complainant filed this complaint against the accused, charging him with the offence punishable under section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954.

(3.) The Public Analysts report shows that the sample sent to him contained fat 2.4% and solids not fat 8.8%. The sample also contained 2.2% extraneous water. Since the appropriate rule prescribes that the buffalo milk should contain 6% of fat, it was found that the sample was deficient in fat by 57.8%.