MUNICIPAL COMMITTEE Vs. RAM LAL

JUDGEMENT

(1.) THIS appeal by special leave is directed against an order of the learned Sessions Judge Mandi whereby respondent No. 1 was acquitted on appeal of an offence under Section 16 of the Prevention of Food Adulteration Act, 1954.

(2.) RESPONDENT No. 1 carried on business as a confectioner at Mandi. On 27. 11. 1959 his shop was visited by Shri Dharam Lal, Food Inspector, Municipal Committee, Mandi, and a sample of milk was taken for analysis. 24 ounces of milk was purchased by the aforesaid Inspector and was equally distributed in three phials which were sealed. One of the phials was handed over to respondent No. 1 and of the remaining two one was sent to the Public Analyst Ambala and as a result of analysis it was found to Be adulterated with 7 per cent added water. According to the Public Analyst the sample contained 6. 1 per cent milk fat and 8. 4 per cent non-fatty solids.

(3.) RESPONDENT No. 1 pleaded to be not guilty to the charge laid against him and alleged that die Food Inspector had tested the milk with lactometer and declared it to be all right. It was further pleaded that the milk purchased by the Inspector was put into two phials only. The learned Magistrate accepted the prosecution case and convicted, respondent No. 1 of the offence with which he was charged and sentenced him to pay a fine of Rs. 100/- and in default to undergo simple imprisonment for one month. Respondent No. 1 preferred an appeal against the order of conviction and sentence which was accepted by the learned Sessions Judge mainly relying upon the ruling of the Allahabad High Court reported in Municipal Board, Kanpur v. Badloo.