MUNICIPAL CORPORATION, INDORE Vs. BHANWAR LAL

JUDGEMENT

(1.) This appeal arises out of judgment and order dated 23rd Dec., 1983, passed by Judicial Magistrate, First Class, Indore in Criminal Case No. 907 of 1983, thereby acquitting the accused-respondent of charge under section 7/16 of the Prevention of Food Adulteration Act.

(2.) It is not in dispute that a sample of milk was taken from the accused on 13.7.1974 around 7.15 in the morning, while he was bringing milk from village Chitawad, district Indore. The sample was found to be adulterated as per report Ex. P/4, given by the Public Analyst. Milk fat was 4.1% while solid non-fact was 5.2% as against 8.5% required by prescribed standards.

(3.) Trial Court has acquitted the accused-respondent mainly on the ground that section 13(2) of the Prevention of Food Adulteration Act was not complied with placing reliance on a decision of this Court as reported in Shivdayal Singh Vs. State, 1977 MPLJ 169.