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N.K.GUPTA
Bharat Singh – Appellant
Versus
State of Madhya Pradesh – Respondent


Counsel for the Parties:
For the Applicant:Mr. Manish Datt, Sr. Advocate alongwith Mr. Anubhav Jain, Advocates.
For the Respondent/State: Mr. Ajay Tamrakar, PL.

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. The case involves the adulteration of milk under the Prevention of Food Adulteration Act, 1954, with the applicant being accused of selling adulterated milk.

  2. The initial conviction was based on the detection of lower solid not fat content in the milk sample, which was considered indicative of adulteration. The applicant was sentenced to imprisonment and fined, but both courts dismissed the appeal, maintaining the conviction.

  3. The court examined the standards for milk, noting that there are specific standards for cow and goat milk, but no standard for mixed milk of cow and goat. The fixed standards seem to be applicable primarily to buffalo milk mixed with other cattle, not for cow and goat milk mixtures.

  4. The court emphasized that when milk from two different cattle is mixed, the proportion of mixing is not specified, and the benefit of the doubt should be given to the accused by accepting the lowest standard for each cattle type. If the milk contains a higher percentage of a particular type, that percentage should be applied.

  5. The court observed that the fat content in the sample was slightly above standard levels, and the lower solid not fat content could be explained by natural factors, such as the churning effect during transportation, which could lead to uneven distribution of fat in the sample.

  6. The court found that the sample did not conclusively establish adulteration because the sample's variations could be explained by natural factors and sampling procedures. The Food Inspector did not ensure homogeneity of the sample before testing.

  7. As a result, the court held that the evidence did not establish beyond doubt that the milk was adulterated. The judgments of the lower courts were deemed perverse, and the revision was allowed.

  8. The conviction and sentence were set aside, and the applicant was acquitted of the charges. The applicant was also entitled to recover any fine paid.

  9. The applicant was on bail, and his bail bonds were ordered to be discharged. A copy of the order was to be sent to the trial and appellate courts for compliance (!) (!) (!) .

Please let me know if you need assistance with specific legal questions or further analysis.


ORDER

N.K. Gupta, J.—The applicant was convicted for the offence punishable under section 7 (1) read with section 16 (1) (a) (i) of the Prevention of Food Adulteration Act, 1954 (hereinafter it will be referred to as the ‘PF Act’) vide judgment dated 16.10.1996 passed by the learned Chief Judicial Magistrate, Raisen (Shri U.C.Jain) in criminal case No.451/1990 and sentenced with 6 months’ rigorous imprisonment with fine of Rs.1,000/-. In criminal appeal No.169/1996, the learned Sessions Judge, Raisen vide judgment dated 11.6.1999 dismissed the appeal in toto. Being aggrieved by with judgments passed by the learned both the Courts below, the applicant has preferred the present revision.

2. The prosecution’s case, in short, is that, on 18.5.1990, the Food Inspector Shri S. C. Gupta (P.W.1) went to take a round in the city of Raisen. He found that the applicant had three cans of milk and he was selling the milk to one Bhanu Prakash Agrawal, the proprietor of Roshan Sweet House. The applicant kept the mixed milk of cow and goat in one can and food inspector proposed him to take a sample from that can. The Food Inspector purchased 750 ml. of mixed milk of cow and goat in a utensil and d

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