MUNICIPAL COMMITTEE Vs. AMRIK SINGH

JUDGEMENT

(1.) THIS is an appeal by special leave by the Municipal Committee, Amritsar, against the order of the Judicial Magistrate, First Class, Amritsar, dated 31st October, 1967, whereby Amrik Singh Respondent was acquitted of the charge under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954, hereinafter called the Act.

(2.) THE case of the prosecution is that on 13th February, 1967 Amrik Singh was found coming from Albert Road with two vessels containing milk on a cycle about 8.50 a.m. He was stopped by the Food Inspector and, on an inquiry, informed the Inspector that he was carrying cow milk for sale. Milk weighing 660 milliliters was then purchased for analysis and this milk was divided into three equal parts. Each part was put in a separate dry -cleaned bottle and sixteen drops of formalin were added to each bottle as a preservative. After having been stoppered and sealed one of the bottles was sent to the public analyst for analysis, another was given to the Respondent and the third was retained by the Food Inspector. On receipt of the report of the public analyst that the milk was adulterated a complaint was filed against Amrik Singh. During the trial of the complaint the Respondent applied to the Court that the second bottle which was in his possession be sent to the Director, Central Food Laboratory, Calcutta, under Section 13(2) of the Act and this was accordingly done. The certificate of the Director brings out that the milk contained 3.8 per cent milk fats and 8 per cent milk solids other than fats and was consequently adulterated.

(3.) ON behalf of the Appellant it was mainly contended that the view taken by this Court in Pritam Dass v. The State Cr. Re. No. 679 of 1965 decided on 8th December, 1965, and Tara Singh v. State Cr. Re. No. 280 of 1962 decided on 25th July, 1962 is contrary to the provisions of Section 13 of the Act and, therefore, needs reconsideration.