M. K. SHAH, V. V. BEDARKAR, J.

( 1 ) THIS revision application which originally came up before a learned Single judge of this court has been referred to this court as in the opinion of the learned Single Judge the question involved viz. whether cows milk is primary food within the meaning of sec. 2 (xiia) of the Prevention of Food Adulteration Act 1954 (the Act) is of consi- derable importance and arises in several other matters pending in this court and also for the reason that there is conflict of views on the subject between two High Courts viz. Kerala High Court and the Allahabad High Court.

( 2 ) OPPONENT No. 1-Original accused was prosecuted before the learned Metropolitan Magistrate 6 court Ahmedabad in summary case No. 75 of 1977 for the offence under sec. 16 (1) (a) (i) read with sec. 7 of the Act on the allegation that the accused was doing business as a hawker distributing milk from place to place and that on 18/06/1977 at about 6 Oclock in the morning at Jahangirpura near Civil Hospital Ahmedabad he sold cows milk to the complainant-food inspector which on analysis was found to contain addition of water by 15% and thus adulterated.

( 3 ) THE accused on being told by the

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