JUDGMENT - 1. This is an appeal filed by the accused against the conviction and sentence passed by the learned Presidency Magistrate, 11th Court, Kurla, Bombay under S. 16 (1) (a) (I) of Prevention of Food Adulteration Act. 1954 read with Section 7 (I) of the said Act and Rule 5-A 11-01-02 of Appendix B to the Prevention of Food Adulteration Rules, 1955.

2. The prosecution was started on a complaint filed by the Medical Officer of Health L and M Wards Kurla of the Bombay Municipal Corporation. Bombay, on July 13, 1966 in the Court of the learned Presidency Magistrate. 11th Court, Kurla Bombay with the previous written consent of the Deputy Executive Health Officer who is the Officer authorised by the Bombay Municipal Corporation under Section 26 (1) of the said Act for consenting to the prosecution under the Act. In the complaint it was alleged that the accused who is the Proprietor of a milk shop viz. Asha Dairy Farm situate at Abu Bakars Compound. 77. Old Agra Road, Kurla Bombay sold buffalos unboiled milk on June 2, 1966 at 11.15 A. M. in contravention of the aforesaid section and ruels because the said milk contained extraneous water 17.7 percent.

3. The only witness examined in

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