EMPEROR Vs. RATANSI HIRJI

JUDGEMENT

(1.) This was a test case brought against the applicant at the instance of the Bombay Municipality for an offence under Section 412A (6) of the City of Bombay Municipal Act (Bom. III of 1888), The Chief Presidency Magistrate, before whom the applicant was tried, convicted and sentenced him to pay a fine of Rs. 10. From the conviction and sentence the applicant has come before us in revision.

(2.) Section 412A (6) of the City of Bombay Municipal Act, 1888, was inserted by Bombay Act VI of 1913. As since modified it reads as follows :-

(3.) The learned Magistrate is of opinion that "ghee" falls under the description "other milk products" in Article 412A (6). For the meaning to be given to the term "ghee" he relies upon Section 4(ii), espln. (1), of the Bombay Prevention of Adulteration Act (Bom. V of 1925) which states that ghee or butter which contains any substance not exclusively derived from milk shall be deemed to be an article of food not of the nature, substance or quality it purports to be.