The failure to comply with mandatory sampling procedures under the Prevention of Food Adulteration Act raises reasonable doubt and undermines the prosecution's case.

1. This is an appeal filed by the accused against the conviction and sentence passed by the learned Presidency Magistrate, 11th Court, Kurla, Bombay under S. 16(1)(a)(i) of Prevention of Food Adulteration Act, 1954 read with S.7(i) of the said Act and R.5 - A 11.01.02 of Appendix B to the Prevention of Food Adulteration Rules, 1955 .

2. The prosecution was started on a complaint filed by the Medical Officer of Health, L and M Wards, Kurla, of the Bombay Municipal Corporation, Bombay, on" July 13, 1966 in the Court of the learned Presidency Magistrate, 11th Court, Kurla, Bombay with the previous written consent of the Deputy Executive Health Officer, who is the Officer authorised by the Bombay Municipal Corporation under S.26(1) of the said Act for consenting to the prosecution under the Act. In the complaint it was alleged that, the accused who is the Proprietor of a milk shop viz. Asha Dairy Farm situate at Abu Bakar's Compound, 77, Old Agra. Road, Kurla Bombay, sold buffalo's unboiled milk on June 2, 1966 at 11.15 A.M. in contravention of the aforesaid section and rules, because the said milk contained extraneous water 17.7 per cent.

3. The only witness examined in support of the complaint was Ramchandra Rajaram Kumar (P.W. 1), Food Inspector, attached to L and M Wards, Kurla of the Bombay Municipal Corporation. He stated that on June 2, 1966 at about 11.15 A.M., he visited the milk shop of the accused identified himself as the Food Inspector and demanded from the accused 700 millilitres of buffalo's milk. He paid the accused Rs. 1.40 p. as the price of the milk and then gave him notice under Form No. 6 stating that the sample was taken for public analysis. He obtained the signature of the accused on the acknowledgment. He divided the milk in three equal parts adding 8 drops of formalin in each bottle. He sealed the bottles and packed them in the presence of a witness. He gave one sample to the accused, retained one in his office and sent the third one to the Public Analyst, on June 2, 1966. The Public Analyst gave his report on June 23, 1966, certifying the result of the analysis of the sample sent as under :
"Fat : 5-5%; Solids not - fat : 7-4% Preservatives : Formalin detected."
The Public Analyst was of the opinion that the said sample contained the percentages of foreign ingredients as under :
"Extraneous water : 17.7 per cent; Fat Deficiency : 0 per cent." On receipt of said report, Ramchandra Kumar (P.W. 1) Food Inspector, submitted the offence sheet, Ex. C, to the Deputy Executive Health Officer, Bombay Municipal Corporation for his written consent for prosecution. The Deputy Executive Health Officer thereupon directed the Medical Officer, L and M Wards, who is also the Food Inspector, to launch the prosecution and then the complaint came to be lodged against the accused. The accused made an application to the Court that the sample with him should be sent to the Central Food Laboratory, Calcutta under S.13 of the Prevention of Food Adulteration Act. The witness then stated that the sample retained with the accused was sent to the Central Food Laboratory after verifying the receipt, seal thereon etc., which were found to be intact. Exh. D is the report of the Central Food Laboratory, dated September 20, 1966. The relevant portion of the said report reads thus :
"Milk Fat : 5-4%
Milk solids other than : 7-1%
Starch and milk fat canesugar : absent.
Opinion : The sample of buffalo milk contains 21% of added water and is adulterated.
In the cross - examination the witness