LODHA, J.—Accused Chattar Singh was prosecuted in the court of City Magistrate, Bharatpur, by the Municipal Council, Bharatpur, for an offence under sec. 7(1) read with S. 16(l)(a), of the Prevention of Food Adulteration Act, 1954.

2. The allegation against the accused was that on October 15, 1962, at about 6.30 p.m., he was found carrying milk in a drum on his cycle by Shri Gopal Prasad, Food Inspector, P.W. 1. Shri Gopal Prasad took sample of milk and put it in 3 bottles, and after carrying out the necessary formalities prescribed under the rules framed under the Prevention of Food Adulteration Act, he sent one of the bottles to the public Analyst, Rajasthan Jaipur. On receipt of the report from the Public Analyst, to the effect that the milk was adulterated, the Municipal Council, Bharatpur, filed a complaint in the court of City Magistrate, Bharatpur, against the accused as stated above. The complainant examined P.W.I Shri Gopal Prasad, P.W. 2, Shri Nand Kishore, P.W.3 Shri Shobha Ram, and P.W. 4 Shri Bakshi Ganpat Singh. In his defence the accused also examined one Shri Showaram Singh, D. W. 1. The learned Magistrate found that it was proved that the sample of the milk was take

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