UDAI SINGH Vs. STATE

JUDGEMENT

(1.) THE petitioner in this case has moved for quashing a criminal proceeding which is pending against him under secs. 7 and 16 of the Prevention of Food Adulteration Act (No. 37 of 1954) read with Appendix D, item A. 11-01-03.

(2.) THE prosecution is based on the allegation that the petitioner was found in possession of milk which was mixed milk of cow and goat and did not fulfil the requisite standard as required by the law. A sample of the milk was taken by the Food Inspector who sent it for examination by the Public Analyst, and a report has since been submitted by the Public Analyst also. THE Food Inspector admits that indication was given to him by the petitioner that the sample of milk taken by him consisted of mixed milk of cow and goat and this fact has been noted also on the inventory prepared by him. THE prosecution contends that in a case of this nature where the milk is mixed milk, the standard legally required should be that of buffalo milk and since it did not fulfil that standard the petitioner was guilty of an offence under the above sections of the Prevention of Food Adulteration Act.