MUNICIPAL COUNCIL Vs. NATHU

JUDGEMENT

(1.) THIS appeal is directed against the leaned Municipal Magistrate, Jaipur, dated 16 -10 -70 by which, he acquitted the respondent under Section 7/16 of the Prevention of Food Adulteration Act, 1954 No one appears on behalf of the respondent. I have beard Counsel for the appellant Stale and have looked into the record of the case.

(2.) THE facts are that on 11.8.66 at 7.00 a.m., Food Inspector Laxman Swaroop Goyal along with another Food Inspector Premchand checked the respondent Nathu near Hathroi on the Mirza Ismail Road in the city of Jaipur when he was carrying on his cycle milk for sale. He purchased a sample and divided it and placed the same into three bottles. He also put 16 drops of formaline in, each of the bottles. When one of the, bottles Was sent to the Public Analyst, for chemical examination, his report of the analysis was as follows, - Fat content. 4.1%. Solids non fat 6.01%. The opinion of the public analyst was that the sample of milk was adulterated by reason of it's Containing about 33% of added water.

(3.) THE Learned Counsel for the Municipal Council submitted that all the three grounds given by the learned Magistrate were contrary to the facts of the case and law applicable thereto. I have considered over his contentions and it appears to me that the learned Magistrate had certainly misdirected himself in the matter of assessment of the evidence and application of the relevant and law.