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1964 Supreme(All) 201

H.C.P.TRIPATHI
D. K. Jain – Appellant
Versus
State – Respondent


Advocates:
S. N. Kackar, for Applicant; Addl. Govt. Advocate, for Opposite Party.

Judgement

ORDER :- This revision is directed against an order of the learned Civil and Sessions Judge, Meerut, upholding on appeal the applicant's conviction and sentence of Rs. 1000/- as fine under S. 16 of the Prevention of Food Adulteration Act as recorded by a Magistrate, First Class on 30th January, 1963.

2. Messrs. Edward Keventers (S) Private Limited, Delhi, who deal in dairy products and milk, had. established a stall at the Nauchandi Fair in the district of Meerut. On 15th April, 1962 at about 7 P.A. Sri Ajmal Husain, Food Inspector Meerut purchased. If Chhataks of sweetened milk from Vidya bushan who was working as salesman at the stall on payment of its price. The sample was divided into three parts and sealed then and there in three separate containers, according to the rules, one of which was handed over to Vidya Bhushan. The other was sent to the Public Analyst and the third was retained in the office of the Medical Officer of Health of the city. The Public Analyst tested the sample on the basis of the statutory standard for buffalo milk and found it to be deficient in fat contents by about 53 per cent. His report indicates that coaltar dye (erythrosine colour index No.












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