Jagjit Singh J. - (1.) On March 25, 1969 Sri Prakash Chopra, a Food Inspector of the Municipal Corporation of Delhi, went to shop No. 154-B, in Kishan Ganj Market, Delhi. Nand Lal, respondent, was selling curd at the shop which was indicated to have been prepared from cow-milk. The Food Inspector purchased 600 grams of the curd of purposes for getting it analysed.
(2.) One of the parts of the sample was analysed by the Public Analyst for the Delhi Municipal Corporation area. It was found to contain 2.81 per cent of fat and 11.36 per cent of milk-solids not fat. On the basis of the analysis the Public Analyst reported that The sample was adulterated due to "0.69 deficiency in fat per cent".
(3.) Nand Lal was prosecuted for an offence under section 16(1) read with section 7 of the Prevention of Food Adulteration Act, 1954. He was found guilty and on being convicted by Shri C.D. Sharma, Judicial Magistrate First Class, was sentenced to six months' rigorous imprisonment and fine of Rs. 1,000/-. He then preferred an appeal to the Court of Session, which was disposed of by Shri D.R. Khanna, Additional Sessions Judge. The learned Additional Sessions Judge, by his judgment dated January 31, 1970, accepted the appeal and acquitted him by holding that as the contents of the entire Kunda (container) had not been churned before taking the sample it could not be said that the sample had been properly taken and was representative of the curd contained in the Kunda. Against that order of acquittal the present appeal was filed on behalf of the Municipal Corporation of Delhi.;