DEV RAJ Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS criminal revision has been filed by Dev Raj against the judgment of the Additional Sessions, Judge, Amritsar dated 19th of May, 1983, dismissing the appeal of the petitioner against the judgment of the Additional Chief Judicial Magistrate Amritsar, whereby he was convicted under section 16(1)(a) read with section 7 of the Prevention of Food Adulteration Act, and was sentenced to six months' R.I. and to pay a fine of Rs. 1000.

(2.) THE Food Inspector went to the shop of the petitioner on 9th of April, 1981, and found that the petitioner had in his possession 20 Kg. of cow's milk for sale. A sample of the milk was purchased by the Food Inspector which on analysis was found to be deficient in milk solids not fat as compared to the minimum prescribed standard. The petitioner was, therefore, prosecuted for selling sub standard milk and he was convicted and sentenced by the trial Magistrate as mentioned above. The appeal filed by the petitioner which was heard by the Additional Sessions Judge, Amritsar, also failed. Hence this revision.

(3.) ACCORDING to the prescribed standard of cow's milk it must contain 4% fat and 8.5% solids not fat. In the instant case the sample was found to be containing 5% fat 8% Solids not fat. In other words, the fat contents were more then the minimum prescribed standard but the solids not fat were marginally deficient. It is a matter of common knowledge that if the milk is left unstirred then fats accumulate on the top. It is only when the milk is stirred that it becomes even in its contents of fat and solids not fat. In the present case the fact that fat was found more than the minimum prescribed standard and the marginal deficiency was only in the solids not fat would further indicate that the stirring of the milk at the time of taking the sample is doubtful.