M. B. Shah, J. - (1.) In all these four appeals the common question for determination is whether respondent No. 1 P.S. Medora, Managing Director of Abad Dairy, is liable to be punished under the provisions of the Prevention of Food Adulteration Act on the ground that milk samples of Toned Milk taken from four different Milk Bars of Abad Dairy on 26th and 27th May, 1981 were found to be adulterated. The question to law and facts are similar in all the four appeals and the Metropolitan Magistrate, Court No. 6, has acquitted the accused on the same grounds by his separate judgments dated 24.1.83, therefore all the four appeals are disposed of by this common judgment.
(2.) Criminal Appeal No. 1187/83 arises out of the judgment and order dated 24.1.83 decided by the Metropolitan Magistrate Court No. 6, Ahmedabad, in Criminal Case No. 62/81 acquitting respondents Nos. 1 to 3. Respondent No. 1 is the Managing Director of Abad Dairy, respondent No. 2 is the agent for selling milk at the Milk Bar Centre No. 308 situated near Law Garden and respondent No. 3 is the husband of respondent No. 2 who at the relevant time was sitting at the Milk Centre for selling milk. On 26.6.81 at about 5.15 p.m. the Food Inspector of Ahmedabad Municipal Corporation purchased Toned Milk from respondent No. 3 for analysis. As per the public analyst's report Toned milk was adulterated because it contained 2.4% milk fat instead of 3.0% and it contained 7.5% milk solids not fat instead of 8.50/. The Public Analyst's report is produced at Ex. 9. The report of the Director, Central Food Laboratory, is produced at Ex. 2. It states that milk fat was 0.53% and milk solids not fat was 9.6%. Therefore the sample was adulterated.
(3.) Criminal Appeal No. 1188/83 arises out of the Summary Case No. 60/81 decided by the Metropolitan Magistrate, Court No. 6, Ahmedabad, on 24.1.83 whereby he has acquitted respondents Nos. 1 and 2. Respondent No. 1 P.S. Medora, is the Managing Director of Abad Dairy, Gujarat Dairy Development Corporation Limited, Respondent No. 2 is the agent of the Milk Bar Centre at Gomtipur. The Food Inspector, Ahmedabad Milk Corporation, purchased the milk on 27.5.85 at about 5.25 a.m. for analysis. The Public Analyst's report is produced at Ex. 8 which mentions that the milk was adulterated because it contained milk fat 2.4% instead of 3.0% and milk solids not fat 7.925% instead of 8.5%. As per the report of the Director, Centre Food Laboratory Ex. 2 the sample was adulterated because milk fat was 2.7% and milk solids not fat was 7.7%.;