BABULAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) On 14-7-1968 Chandrapal Singh, Food Inspector (P.W. 1) took sample of buffalo milk from the shop of the applicant at Lahar. Requisite formalities were gone into. One of the phials of the sample was sent for analysis to the Public Analyst. The report was that the sample did not conform with the prescribed standard. In trial the applicant amongst other things took the plea that he runs a tea-shop and does not sell milk.

(2.) The prescribed standard for buffalo milk in Madhya Pradesh is 5% milk-fat and 9% S.N.F. In the alleged report of the Public Analyst the fat was found 6.2% and S.N F. at 8.4%. In other words the fat was found more than the prescribed standard while S.N.F. was deficient by 0,6%.

(3.) In the instant case the report of the Public Analyst was filed before the Court along with the complaint. It appears that it has not been exhibited as document. Normally this report ought to have been exhibited along with the other documents. Non-exhibition of the same would not by itself amount to an illegality in the instant case. It is not that the applicant was not aware of the said report of the Public Analyst. The admissibility of this report was not challenged in the Courts below. In the instant case admittedly the applicant sold the sample of the milk to the food Inspector Chandrapal Singh (P.W. 1) on payment of price.