NAGAR SWASTH ADHIKARI MUNICIPAL CORPORATION Vs. RAGHUNATH SINGH
LAWS(ALL)-1965-2-20
HIGH COURT OF ALLAHABAD
Decided on February 05,1965

NAGAR SWASTH ADHIKARI, MUNICIPAL CORPORATION Appellant
VERSUS
RAGHUNATH SINGH Respondents


Referred Judgements :-

SUGAN CHAND V. NARAIN DAS [REFERRED TO]
S.Y. PATIL [REFERRED TO]
STATE GOVERNMENT,MADHYA PRADESH V. HAFIZUL RAHMAN [REFERRED TO]
RAM DHYAN SINGH VS. STATE [REFERRED TO]
STATE OF MAHARASHTRA VS. VISHWAKANT SHRIKANT [REFERRED TO]



Cited Judgements :-

MUNICIPAL CORPORATION OF DELHI VS. JETHA NAND [LAWS(DLH)-1969-6-9] [REFERRED TO]
PUBLIC PROSECUTOR VS. GORRIPATI PITCHAIAH [LAWS(APH)-1966-10-14] [REFERRED TO]
PUBLIC PROSECUTOR VS. KUSANAPUDI NARASIMHA RAJU [LAWS(APH)-1969-6-1] [REFERRED TO]
PUBLIC PROSECUTOR VS. MATHA SATYAM [LAWS(APH)-1969-7-3] [REFERRED TO]


JUDGEMENT

- (1.)THIS is an appeal by leave under Section 417 (3) of the Code of Criminal Procedure against an order of acquittal recorded by a Magistrate, First Class, Agra, in a case under Section 7/16 of the Prevention of Food Adulteration Act (Act No. 37 of 1954 ).
(2.)ON 30th of July, 1960, at about 7 a. m. respondent Raghunath Singh was found carrying cow's milk in a can for sale in Mohalla Rajendra Nagar of the Agra City. Sri V. N. Singh. Food Inspector of the Municipal Corporation obtained sample of milk on payment of its demanded price, divided the same in three parts, sealed and labelled each part in the presence of the respondent in accordance with the rules and sent one of them to the Public Analyst for his report. Again on 29-12-1960 the respondent was round carrying cow's milk for sale in the same locality and a sample was obtained by the aforesaid Food Inspector on payment of its price in accordance with the Rules a part of which was sent to the Public Analyst for report.
(3.)THE report of the Public Analyst dated 9th of September, 1960, indicated that the sample of milk which was obtained on 30th of July, 1960, was deficient in non-fatty solids by about 32%. His report dated the 28th February, 1961, indicated that the sample of milk which was obtained on 26th of December, 1960, was deficient in fatty contents by about 54%. Accordingly the respondent was prosecuted for exposing for sale adulterated milk.
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