STATE OF HIMACHAL PRADESH Vs. MAN SINGH

JUDGEMENT

(1.) SHRI H.L. Pathak, Food Inspector, on 31.7.1993, at about 9 a.m. purchased a sample of cow's milk from the Respondent, who at the relevant time was having about 30 kgs. of cow's milk in a drum on a motor -cycle for sale to the general public. Such sample, on having been sent to Public Analyst was found to be adulterated since solid not fat contents were found to be 7.71%, as against the minimum prescribed standard of 8.5% in the sample.

(2.) ON having been put to trial, the Respondent pleaded not guilty. His defence is that the milk being carried by him was not meant for sale and that he was carrying the same to the Paonta Sahib Gurudwara. The learned Magistrate formulated the following points:

(3.) WHETHER the deficiency by adding fat and solid not fat can be regarded as marginal and in accordance with this, accused is entitled for acquittal?