PURI MUNICIPAL COUNCIL Vs. BANA DAS

JUDGEMENT

(1.) THIS is an appeal against the order of a Magistrate, 1st Class. Puri, acquitting the respondent of an offence under Section 16 (1) (a) of the Prevention of Food adulteration Act. 1954.

(2.) ON 8-3-63. P. W. 1, the Food Inspector, Puri Municipality, purchased half a seer of cow's milk and half a seer of buffalo's milk from the accused, a milk-hawker, on payment of usual price, and obtained a receipt (Ext. 2) from him He divided the cow's milk into three parts and put them into three bottles adding two drops of formalin to each ounce of milk by way of preservative He then sealed the bottles gave one bottle to the accused, sent one bottle to the Public Analyst for chemical analysis, keeping one with himself. The Public Analyst by his report. Ext 3 reported that the milk was adulterated Thereafter P. W. 1 after obtaining necessary sanction from the District Magistrate, submitted a prosecution report (Ext. 4 ). under Section 16 (1) (b) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act' ).

(3.) THE plea of the accused is one of a denial.