MUNICIPAL COUNCIL, ALWAR Vs. RAMDEO.

JUDGEMENT

(1.) This is an appeal by the Municipal Council, Alwar against the judgment of the First Class Magistrate Alwar dated Sept. 18, 1971, by which he acquitted the accused-respondent of the offence under clause (a) of sub-section (1) of Sec. 16 of the Prevention of Food Adulteration Act, 1954.

(2.) I have heard the arguments on behalf of the appellant and seen the record. No one appears on behalf of the respondent.

(3.) The facts of this case are that Food Inspector Jamna Prasad Gautam PW.l checked the milk of respondent Ramdeo on Aug. 23, 1965 at 9 a.m. when he was carrying a container (Tanki ) of buffalo milk near the Town Hall. The Food Inspector purchased a sample and sent it for chemical examination. It was found that the contents of solid non-fat were 7.8 per cent while they should have been 9 per cent, the fat contents were however found to be 7.4 per cent, while according to the prescribed standard they should have been not less than 3 percent. The opinion of the Public Analyst was that the sample was adulterated because it contained 13 per cent added water. The accused was challenged but he was discharged on Jan. 19, 1968, for want of proper sanction. A fresh challan was therefore, put up against him on June 19, 1968.