H.L. Kapoor, J. - (1.) This is an appeal by Nagar Swasthya Adhikari against the acquittal of the accused recorded by Shri D. S. Mathur, Magistrate First Class, Agra on the 14th April, 1972.
(2.) According to the complainant, Shri P. C. Saxena, Food Inspector, found the respondent Dauji Ram, selling milk of cow from a bucket in Gandhi Nagar on the 14th September, 1971 at 7-30 O'clock in the evening A notice was given by the Food Inspector under Rule 12 and receipt Ex Kal was obtained from the accused bearing his signature. The milk purchased by the Food Inspector was 660 ml. on payment of 75 paise. The milk as usual, was divided into three equal phials, one phial was given to the accused one was sent to the Public Analyst and the third was retained in the office of the Nagar Swasthya Adhikari, Agra. It was also stated that 18 drops of formalin were added to each phial. The Public Analyst reported that the milk was deficient in non-fatty solids by about 22 per cent and was adulterated. He was accordingly tried under Section 7 read with Section 16 of the Prevention of Food Adulteration Act.
(3.) The accused stated in his defence that he has no doubt a shop in Gandhi Nagar, but it was closed on the 14th September, 1971, when the sample is said to have been taken from him by the Food Inspector. He further stated that he had only one kilogram milk, which he had taken from one Chokhe Ghosi, for his own consumption at his house. He further stated that no notice was given to him; that his sample was taken, but no payment for it was made. He however, admitted his signature on Ex. Ka. l,Ka. 2 and Ka. 4. He also attributed his false implication in the case due to party-bandi amongst the shop-keepers.;