D. P. DESAI, M. K. SHAH, J.

( 1 ) THIS matter has been referred to the Division Bench by Ahmadi J. and it involves a question about the effect of a certificate of the Director of the Central Food Laboratory under sec. 13 (2) of the Prevention of Food Adulteration Act 1954 hereinafter referred to as the Act on the prosecution of a person for the offence of adulteration of cows milk where the said certificate while holding that the milk was adulterated differs from report of the public analyst as regards the particular prescribed standard which is contravened.

( 2 ) THE following facts will illustrate this question. Samples of cows milk sold by the respondent to the Food Inspector of the Ahmedabad Municipal Corporation were taken on April 24 1975 One of these samples was sent to the Public Analyst and the report of the Public Analyst disclosed total solid non fat content 8. 5% and fat content 3. 2%. It further disclosed that fat dificiency was 8% confirmed by ether extraction. Under Item A. 11. 01. 11 of Appendix B to the Prevention of Food Adulteration Rules 1955 two standards are prescribed inter alia in the State of Gujarat both of which must be satisfied in respect of cows milk. A

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