H.R. Khanna, J. - (1.) Pyare Lal, milk seller of Yusaf Sarai, New Delhi, was prosecuted in the court of learned Magistrate 1st Class, Delhi, for an offence under section 7 read with section 16 of the Prevention of Food Adulteration Act and was acquitted. The Municipal Corporation of Delhi has filed this appeal against the acquittal of the accused with special leave.
(2.) The prosecution case is that on February 29, 1968 at about 8 a.m. Feed Inspector H.K. Bhanot purchased sample of milk from the accused at Mehrauli Read in front of Jain Sweet House, Yusaf Sarai, Delhi, for analysis after giving the requisite notice to the accused. The quantity of milk purchased was 660 millilitres. It was divided into three equal parts. Each part was poured into a clean and dry bottle. 18 drops of Formalin were added to the milk in each bottle. The bottles W'ere then scaled. One bottle was handed over to the accused, while another was subsequently sent to the Public Analyst. The Public Analysed the milk in the bottle sent to him on March 1, 1968 and found that the fat contents of the milk were 5.5 per cent and non-fatty solids were 7.92 per cent. As a deficiency of 0.5 per cent was found in fat contents and of 1.08 per cent in non-fatty solids, the milk was declared to be adulterated. A complaint was thereafter filed by Assistant Municipal Prosecutor, Shri A.P. Jain, against the accused on May 18, 1968.
(3.) At the trial the complainant, in support of its case about the taking of sample of milk from the accused, examined Food Inspector H.K. Bhanot (P.W. 1), Roshan Lal, milk vendor (P.W. 3), and Food Inspector Shanti Nath (P.W. 4) as witnesses and they supported the prosecution case.;