MUNICIPAL COMMITTEE AMBALA Vs. BASAKHI RAM

JUDGEMENT

(1.) THIS is an appeal against the order of acquittal passed by the Judicial Magistrate 1st Class, Ambala, in a complaint filed against one Basakhi Ram under Section 16 (i) (a) read with Section 7 (i) of the Prevention of Food Adulteration Act, 1954, -hereinafter called the Act.

(2.) TWO complaints were lodged by the Food Inspector Shri Prem Chand of the municipal Committee, Ambala City, with regard to one incident. On the 10th of may, 1959, at 5-30 a. m. Basakhi Ram was stopped by the Food Inspector on the skulkund Road, Ambala City. Basakhi Ram was carrying milk in two drums. On these drums it was written in Urdu that the drums contained cow's milk. The Food inspector purchased three-fourths of a seer of milk from each of the drums and paid Rs. 0. 36 np as the price. This milk was then sealed in three small bottles with regard to one drum and in another three bottles with regard to the other drum. One bottle pertaining to each of the drums was handed over to Basakhi Ram, the other set of two was retained by the Food Inspector and the third set was sent to the Public Analyst for report. Exhibits P. A. and P. A/i are the receipts given by Shri prem Chand, Food Inspector to Basakhi Ram with regard to the taking of the sample of milk from one drum. In these receipts it is clearly stated that the milk was cow's milk.

(3.) THESE receipts are signed by Basakhi Ram, Mangal Singh Daroga and Shri Sant ram Municipal Commissioner. It may be mentioned that Mangal Singh Daroga is attached to the Food Inspector. There are also two receipts by Basakhi Ram in the sum of Re. 0. 36 np. pertaining to the purchase of milk out of the second drum. They arc Exhibits P. B and P. B/r. In these receipts also it is clearly stated that the milk purchased was cow's milk. The report of the Public Analyst discloses that milk from one drum was adulterated to the extent of 90 per cent and in the other to the extent of 72 per cent. In one sample the fat content was 0. 4 per cent and milk solid was 9 per cent. In the other sample the milk fat was 1. 1 per cent and milk solid 9. 3 per cent. On the basis of the report of the Public Analyst, the Food inspector filed two separate complaints under Section 16 (i) (a) of the Act in the court of the Additional District Magistrate on the 3oth of May, 1959. Both these complaints were tried summarily. The accused pleaded guilty with the result that in one case he was fined a sum of Rs. 150/- and in the other Rs. 200/-, or in default of payment of fine to undergo simple imprisonment for three months and four months respectively.