M.Hidayatullah, J. - (1.) THE Malwa Co -operative Milk Union Ltd., Indore appeals by certificate against the order of a learned single Judge of the High Court of Madhya Pradesh setting aside an acquittal and ordering retrial of of the Union and 2 others for an offence Under Sections 7(i) and 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1964. The matter arises in the following circumstances. A Food Inspector filed two complaints against the Union, its General Manager and a Servant of the Union for alleged offences under the Prevention of Food Adulteration Act, 1964. It appears that some samples were taken from buffalo milk which the Union was supplying and on analysis this milk was found to be sub -standard. We shall give the details of the analysis presently. While the prosecution was pending, an application was filed in the two cases by the Public Prosecutor asking for permission of the court to withdraw the above cases. It was stated in the applications that the Union which is a Co -operative Society was started for the distribution of Milk and was likely to become one of the major milk distributors in Indore City and therefore the Corporation of the City of Indore considered that it was not in the public interest to continue the prosecutions specially when none of the accused had personally benefited. The Additional City Magistrate trying the case allowed these applications and the cases were therefore withdrawn and an acquittal was recorded Under Section 248 of the Code of Criminal Procedure.
(2.) ONE Biharilal s/o Onkarji Purohit, Secretary Doodh Vikreta Sangh, Indore, thereupon filed two applications for revisions before the Sessions Judge, Indore for reporting the cases to the High Court. His applications were dismissed by the Sessions Judge. He then filed revision applications in the High Court and by the order of the learned single Judge the acquittal was set aside and a retrial was ordered. In these appeals the question is whether the learned single Judge had exercised his discretion on sound judicial lines in setting aside the acquittal and ordering a retrial. The milk which was sent for analysis was examined by the Public Analyst, Indore and he found the contents to be as follows: 1st sample. Milk Fat 6% Solids non -fat 7.9% Test for formalin positive 2nd Sample Milk Fat 5.9% Solids non -fat 7.7% Test for formalin positive.
(3.) THE rules made under the Act show that the content of buffalo milk should be as follows: Buffalo milk shall contain not less than 5.0 per cent of milk fat except in Delhi, Punjab, Pepsu, Uttar Pradesh, Bihar, West Bengal, Assam, Bombay and Saurashtra where it shall be not less than 6 per cent. The milk Solids other than milk fat, shall be no less than 9 per cent. (Rule 5 appendix B item A 11.01,02);