FOOD INSPECTOR, NAGAR PALIKA MORENA Vs. RAMJI LAL

JUDGEMENT

(1.) On 26-8-1973, Food Inspector, Ramesh Chandra Verma accosted the respondent, while he taking milk for sale in cans in a cycle. After giving due intimation and paying the price he purchased 660mls of milk, which was divided in three parts and each part was duly sealed in three clean and dried bottles, after adding 18 drops of formalin in each bottle. One sample bottle was given to the respondent, one sent to the Public Analyst and the third was kept for being produced in the Court. The Public Analyst found that the sample did not conform to the prescribed standard of purity. Then the complaint was presented on 1-5-1974.

(2.) I am satisfied that this reasoning is erroneous.

(3.) When milk is offered for sale without any indication of the class the standards prescribed for buffalo milk shall apply. So it has to be presumed that the sample was of buffalo milk and hence it was adulterated. However, 1 do not find any purpose in allowing this appeal, in view of the considerable delay in launching the prosecution.