MUNICIPAL COUNCIL JAIPUR Vs. BHURA

JUDGEMENT

(1.) THIS is an appeal by special leave filed by Municipal Council, Jaipur and Umaid Singh, Food Inspector, against acquittal of the respondent of an offence punishable under sec. 7 read with sec. 16 of the Prevention of Food Adulteration Act, 1954, (hereinafter referred to as "the Act" ).

(2.) THE appeal arises out of the following facts: - On 30th September, 1969, at 6. 30 A. M. Shri Umaid Singh, Food Inspector, Municipal Council, Jaipur found Bhura carrying 20 Kgs. of milk in a drum for sale at Kishanpole Bazar, Jaipur. THE Food Inspector suspected the milk to be adulterated, as it was not written on the outer space of the container of which animal the milk was. THE Food Inspector, thereupon, disclosed his identity to the respondent and purchased 660 mm milk for O. 87 P. only from him. THE Food Inspector, while taking the sample of milk for analysis, gave a notice in writing to the respondent then and there of his intention to have the sample so analysed. THEreafter he divided the sample of milk into three parts and filled each part in a clean bottle after adding 16 drops of formalin to it. Each bottle was sealed on the spot in the presence of 'motbirs' and the respondent. One of these parts was given to the respondent, who signed a receipt for it. Another part was sent in a sealed bottle to the Public Analyst to the Government of Rajasthan for analysis. THE Public Analyst analysed the sample and declared the result of the analysis to be as follows; - Fat contents . . . 5 % Solids non fat . . . 7. 33% Cane Sugar and starch . . . Nil. Upon analysis the Public Analyst was of the opinion that the sample of milk was adulterated as it contained about 19% of added water.