S. Malik, J. - (1.) The revisionists, Kadam Singh and Puran came up before this Court against the judgment dated 28.10 1972 of the 3rd Temporary Civil and Sessions Judge, Meerut, dismissing their appeals against the judgment dated 17.11.1971 of the Sub-Divisional Magistrate, Hapur, convicting them under section 16 read with section 7 of the Prevention of Food Adulteration Act (hereinafter referred to as the Act) and sentencing each to six month's rigorous imprisonment and a fine of Rs. 1000/-.
(2.) The concurrent findings of fact recorded by the courts below are that sample of buffalo milk was taken according to law by Food Inspector P.W.l R.C. Srivastava on 14.5.1970 at about 11.00 A.M. from the dairy of applicant Kadam Singh and one of the three containers in which the sample was sealed, was duly sent to the Public Analyst. Puran was the person from whose possession the sample of milk was actually obtained and he claimed to be the servant of Kadam Singh engaged for collecting milk for sale. The Public Analyst, as appears from his report (Ex. Ka 13) dated March 10, 1970, found the milk to be adulterated as it contained 11% of milk fat and only 1.9% of non-fatty milk solids.
(3.) Clause A. 11.01.02 of Appendix 'B' of the Rules framed under the Act lays down that in Uttar Pradesh buffalo milk should contain not less than 6% milk fat and 9% milk solids other than milk fat. It appears that, according to the learned Single Judge, as t,he report of the Public Analyst shows that the sample was deficient in milk solids other than milk fat, both the applicants have been rightly convicted and sentenced as the milk has been proved to be adulterated. The difficulty arose because of observations made by this Court in two earlier cases Sultan Shah v. State, 1973 Cri. L.J. 1413 and Bhup Singh v. Nagar Swasthya Adhikari another, Cri. Rev. No. 1475 of 1966 decided by Allahabad High Court on 13-3-1968. In those cases the report of the Public Analyst was not relied upon because it was observed that it is not possible to take out non-fatty milk solids other than milk fat without disturbing the milk fat in milk. The learned Single Judge, therefore, in this case ordered these revision applications to be placed before the Hon'ble the Chief Justice for being referred to a larger Bench for decision and they have now been listed before us for disposal.;