STATE OF KERALA Vs. KRISHNAN NAMBISSAN
HIGH COURT OF KERALA
STATE OF KERALA
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(1.)This appeal by special leave is directed against the judgment of the District Magistrate of Palghat acquitting the respondents accused who were prosecuted under S.16(1) read with S.7(1) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act). The first accused is the depot manager and licensee of the Nambissan's Dairy Depot at Palghat, while the second accused is the salesman in that depot.
(2.)On 20th July 1961, Pw. 1, one of the Food Inspectors of the Palghat Municipality visited the accused's depot & purchased from the second accused two nazhies of 'skimmed thick butter milk' out of the stock which they had exposed for sale. After purchasing the article, the Food Inspector notified his intention to get the same analysed. Sampling was done in conformity with the rules and one of the sample bottles was sent to the Public Analyst. His report Ext. P 6 showed that the sample was adulterated with not less than 11 per cent of water. The accused got the sample analysed by the Central Food Laboratory, when again the analysis showed the sample was adulterated. Ext. D1 is the report of the Director, Central Food Laboratory, Calcutta which showed that the sample contained milk solids not fat 6.4 per cent; milk fat 0.1 per cent and it has been stated that the sample of butter milk was adulterated. On receipt of the report, the respondents were prosecuted.
(3.)Sale of the butter milk to the Food Inspector is not disputed: The only contention raised by the defence is that the skimmed thick butter milk sold by them is only a by product of the manufacture of butter, that no standard of quality has been prescribed in Appendix B for butter milk and as such they cannot be prosecuted even if it is found that there is an admixture of water in the butter milk. The learned District Magistrate accepted the contention and found the accused not guilty and acquitted them. The correctness of the finding is challenged in this appeal.
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