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1988 Supreme(Raj) 452

FAROOQ HASAN
State – Appellant
Versus
Bal Kishan – Respondent


JUDGMENT

1. - This is an appeal against the judgment of acquittal passed in favour of the accused-respondent in an offence under Section 7/16 of the Prevention of Food Adulteration Act, 1954 (for short 'the Act'). It is not disputed that the Food Inspector of Bharatpur intercepted the accused-respondent on 5.8.72 while the letter was carrying milk in a can for sale, and purchased 660 gms. of milk from the accused for analysis purpose. One of the samples was sent to the Public Analyst who vide his report dated 12.9.1972 (Ex. P 5) found the sample of milk adulterated by reason of its containing about 8% of added water and further found in the milk, fat contents 6.1%, solids non-fat 8.26%, and cane sugar and starch nil. The aforesaid contents in the milk were not as per the prescribed standard according to the Prevention of Food Adulteration Rules. The learned trial Court while placing reliance on the decision of this Court in Parasram v. State of Rajasthan, 1978 Raj. Cri. Cases p. 324 , acquitted the accused-respondent. In the cited case (supra), it has been observed that, whether milk containing higher percentage of fatty solid and lower percentage of non fatty solid than the presc








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