D.P. Uniyal, J. - (1.) This is an appeal by the State of Uttar Pradesh against an order dated 19-1-1962 of the Sessions Judge, Dehradun setting aside the conviction of the respondent Safri Ram under Section 16 read with Section 7 of the Prevention of Food Adulteration Act (XXXVII of 1954).
(2.) Safri Ram the respondent used to supply milk to the Doon School at Dehradun. On the 3rd October, 1960 at about 6:30 A.M. Sri Anand Swarup Gupta, Food Inspector of the City Board, Dehradun, purported to purchase 12 chhataks of buffalo's milk as sample from the vendor. After preparing three samples of the same he offered one of them to the vendor who refused to take it. One of the samples was sent by the Food Inspector to the Public Analyst for report. The report of the Analyst dated 7th November, 1960 was to the following effect: 1. Fat..............5.4% 2. None-fatty solids 8.0% (milk solids others than milk fat). The Public Analyst was of opinion that the sample of "milk buffalo" was deficient in fat content by about 10% and was also deficient in non-fatty solids content by about 11%.
(3.) The Medical Officer of Health, City Board, Dehradun, then filed a complaint against the respondent on the allegation that he was found selling adulterated buffalo's milk and was, therefore, liable to be punished under Section 16 read with Section 7 of the Act.;