B.N.Katju, J. - (1.) GURU Prasad was convicted under Section 7/16 of Prevention of Food Adulteration Act (hereinafter referred to as the Act) by the Metropolitan Magnate (Corporation), Kanpur by his judgment dated 1 -2 -1977 in case No. 451 of 1977 and was sentenced to six months rigorous imprisonment and a fine of Rs. 1000 -and in default of payment of fine to undergo there months rigorous imprisonment.
(2.) GURU Prasad filed criminal appeal no 34/M of 1077 against the aforesaid judgment of the learned Magistrate which was allowed by the Sessions Judge, Kanpur (Nagar) by his judgment dated 10 -5 - 1977 and his conviction and sentence were set aside. The Nagar Swasthya Adhikari Kanpur has filed this appeal against the aforestated judgment of the Sessions Judge, Kanpur (Nagar) dated 10 -5 -1977. The case of the prosecution is that on 26 -11 -1975 at about 11 A.M. B.K. Ahankhar (PW1) Food Inspector Nagar Mahapalika Kanpur purchased 660 grams of a mixture of cow and buffalo milk from Guru Prasad in Transport Nagar Mohalla Kidwai Nagar in the city of Kanpur. The milk was divided in there equal parts and put in three bottles and after formaline was added the three bottles were sealed One of the bottles was sent to the Public Analyst for analysis and the report of the Public Analyst shows that sample of milk contained 4.9 per cent of milk fat and 7.8 per cent of non -fatty solids. In the opinion of the Public Analyst the milk was adulterated as the non -fatty solids were 11 per cent lass than the prescribed minimum.
(3.) A complaint was filed on 5 -4 -1976 by the Nagar Swasthya Adhikari against Guru Prasad under Section 7/16 of the Act in the Court of the Magistrate;