PUBLIC PROSECUTOR Vs. VEERAMALLA VERA RAJU

JUDGEMENT

(1.) This Appeal is by the State against the acquittal of the accused in C C No 527/69 on the file of the II Addl. Judl: 1st Class Magistrate, Kakinada, on a charge under section 16 (a) and section 7 read with section 2 (1) (a) (i) of the Prevention of Food and Adulteration Act, 1964 (herein after referred to as the Act).

(2.) The accused is a milk Hawker in Kakinada, On 7-3-1969 at about 11 A. M., PW. 1 the Food Inspector, Kakinada Municipality found him carrying a tin containing 12 ltrs. of mixture of cow and buffalo milk going on a cycle near hotel lndra Bhavan on the main road at Kakinada. He stopped him and purchased from him one ltr. of milk paying Re. 1/- towards its cost, Thereafter he divided the milk into three portions, put them in three clean bottles, added formlin in each of the bottles, sealed them and gave one of them to the accused and sent one to the Public Analysist and his report showed that the milk contained 5.5% of fat and 6 5% of solids--not-fat, whereas as per clause (a) (11) of Appendix B to the Prevention of Food Adulteration (Amendment) Rules, 1968, it should contain not less than 8,5% solids other than milk fat and therefore there was a deficiency of 23% of the minimum amount of the solids-not-fat and hence as the milk was found adulterated, the complaint was made.

(3.) In support of this complaint, two witnesses were examined. The accused contended that he is an employee of the Milk Marketing Society at Kakinada, that he was carrying the milk for distribution among members and the sample was taken from him and examined one witness in his defence.