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1959 Supreme(All) 38

M.C.DESAI
MUSSADDI LAL – Appellant
Versus
THE STATE – Respondent


Advocates Appeared:
A.Ralla Ram, Bageshwari Sahai

M. C. DESAI, J.

( 1 ) THE applicants were convicted for the offence of Section 16 (1) (b) and (c) (i) of the prevention of Food Adulteration Act by a Judicial Magistrate, first class. The case against them was they sell milk, that on the day of the occurrence a Food Inspector took a sample of milk from them, that they refused to accept the notice given to them by the Inspector in compliance with the provisions of Section 11 (1) (a), that they refused to accept one part of the sample given to them by the Food Inspector in compliance with the provisions of Section 11 (1) (c) (i ). that they refused to accept the price of the sample tendered to them by the Food Inspector in compliance with the provisions of Section 10 (3) and that they refused to sign the receipt for the price and the labels put on three bottles in which three portions of the sample were kept. There is sufficient evidence to prove these facts and the findings of fact cannot he challenged in revision. A portion of the sample of the milk was sent for chemical analysis and was found to be of unadulterated milk. If a person sells adulterated food, he is guilty under Section 16 (a); if a person "prevents a Food Inspector f





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