MUNICIPAL COUNCIL, JAIPUR AND ANOTHER Vs. GOPAL

JUDGEMENT

(1.) This appeal has been filed by the Municipal Council, Jaipur, against the judgment of the learned Municipal Magistrate No. 2, Jaipur, dated Jan. 19, 1972, by which he acquitted the accused-respondent Gopal of the offence under section 16 of the Prevention of Food Adulteration Act, 1954, hereinafter referred to as "the aforesaid Act".

(2.) I have heard the learned counsel for the appellant, and perused the record of the case. No one appears on behalf of the accused-respondent.

(3.) The brief facts of the case are that on June 8, 1967, the accused was selling cow's milk near Ajmeri Gate in the city of Jaipur. The Food Inspector purchased a sample from him, divided the same into three parts and sealed the same in three separate clean bottles. One of the sample obtained was sent to the Public Analyst, who reported that the fat contents in the milk were 6 per cent while solid non fat contents were 7.44 per cent. The sample was found to contain 12 per cent added water, hence adulterated.