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1975 Supreme(All) 451

HARI SWARUP
VIDYA NAND – Appellant
Versus
STATE OF U. P. – Respondent


JUDGEMENT

This revision has been filed by the applicant against his conviction under Section 7/16 of the Prevention of Food Adulteration Act and the sentence of four months' R.I. and a fine of Rs. 300 awarded to him for the offence. The case of the prosecution in brief was that the accused was found carrying milk in a container exhibiting the same for sale. The Food Inspector after disclosing his identity purchased 660 milliliters of milk on payment of price and divided the same into samples as required by law. At the time of the purchase the accused had told the Food Inspector that it was a mixture of cow milk and goat milk in equal proportions. The sample of milk was sent for analysis and the Public Analyst found the milk deficient in non-fatty solids contents by about 25%. Fat contents were 3.9% and non-fatty solids were 6%. The Public Analyst had applied the standard derived from the statutory standards for cow milk and goat milk mixed in the proportion specified by the Food Inspector i.e. 1 : 1.

2. The prosecution examined the Food Inspector and the Octroi Superintendent who had witnessed the sale be the accused to the Food Inspector at the time of the taking of sample. They sup















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