Dulat, J. - (1.) Om Parkash petitioner has been convicted under section 16 of the Prevention of Food Adulteration Act, 1954 and sentenced to undergo nine months' rigorous imprisonment.
(2.) The case is that on the 21st May, 1956 the petitioner was found in possession of some milk which was thought to be adulterated and a sampled which was taken by a Food Inspector and the Courts below have found that this sample was below the standard.
(3.) Mr. Gandhi for the petitioner contends that this finding is tot correct because the milk was cow's milk and the report of the public Analyst shows that it was not below the standard. It appears that under the Act of 1954, a number of rules have been framed and those rules lay down inconsiderable detail the standard of purity for each article and it is only when at; article is found below that prescribed standard that an offence under section 16 of the Act can be said to have been committed. In respect of cow's milk the standard is mentioned in rule A. 11,01.01and the standard, is that it shall not contain less than four per cent of milk fat. In the present case, the fat content was admittedly higher. The learned Sessions Judge, however, formed the opinion that under the rules all milk is to be construed as buffalo milk unless there is indication that it was cow's milk and that there was particular indication in this case. The petitioner's case all along has tea that it was cow's milk which was found from him, and there is no evidence to rebut that statement. The only other requirement of the rule in concoction with cow's milk is that the milk solids other than milk fat should be less than 8 5 percent, and again the respondent die public Analyst shows that the milk's solids amounted to 9.9 per cent. It is true that the Public Analyst reported that in his opinion the milk was adulterated with separated milk to the extent of 30% but the foundation for that opinion is not clearly indicated and there is no other evidence. In these circumstances it is not possible, in my opinion, to say in view of the rules that the milk found from the petitioner was below the prescribed standard. I would therefore allow this petition and set aside the conviction of the petitioner along with the sentence. Petition allowed.;