P.N.Harkauli, J. - (1.) Nagar Swasthya Adhikari, Nagar Mahapalika, Agra has preferred this appeal against the judgement and order passed by Sri D. P. Singh, Magistrate 1st Class Agra, acquitting Ram Gopal, respondent No. 1 of the charge under section 7/16 of the Prevention of Food Adulteration Act.
(2.) The prosecution case was that on 18.1.1974 Sri B. P. Sharma (P. W. 1) the Food Inspector of the Nagar Mahapalika Agra found respondent no. 1 selling milk on the Jamuna Bridge and took a simple of the milk which upon analysis, was found to be adulterated inasmuch as it contained 7.5% milk solids other than milk fat and was thus deficient in non-fatty solids content by about 12%. It may be mentioned here that the fat content of the milk was found by the Public Analyst to be 6%.
(3.) Since the sample was found to be deficient in non-fatty solids content the Food Inspector, after obtaining the necessary sanction, filed a complaint under section 7/16 of the Prevention of Food Adulteration Act against respondent no. 1.;