MUNICIPAL CORPORATION OF DELHI Vs. NOTAN DASS

JUDGEMENT

(1.) On a complaint filed by the Assistant Municipal Prosecutor against. Notam Dass the latter was tried for an offonce under section 7 read with section 16 of the Prevention of Food Adulteration Act, 1954. The allegations against him were that on April 1966, he was selling in Chowk Kishan.Ganj. opposite, to shop No, 4 150, milk which was indicated to be cow's milk. A sampte of the milk was taken by Vidya Sagar, Food Inspector, and on getting it ana lysed from the Public Analyst it was found to be adulterated.

(2.) The learned trial Magistrate, however, acquitted the accused on two grounds. It was remarked that there was-no public witness to support the case for the prosecution and secondly that the accused had not admitted the execution of any of the documents, alleged to have been prepared at the time of the taking of the sample. Vidya Sagar had, accompanied by another Food Inspector named S, P. Jain, gone to Chowk Kishan Ganj on April 14, 1966 at about 11 a.m. when Notam Dass respondent was found selling milk. During the trial the evidence given by Vidya Sagar was that he had requested five or seven persons who had assembled at the place where milk was being sold by Notam Dass to be witnesses to the taking of the simple but none of them agreed. He further deposed that he even went to the neighbouring shopkeepers but they as well refused to be witnesses. According to him it was thereater that 660 millilitres of milk were purchased by him from Notam Dass on payment of 50 paise and on one part of that sample being sent for analysis to the Public Analyst ft was found to be adulterated. The result of the analysis by the Public Analyst was that as follows:- Fat-0.1% - Non-fatty solids:--9.9%.

(3.) The evidence of Vidya Sagar about his making efforts to secure the presence of independent persons to be present at the time of the taking of the sample even finds support from the testimony of Jain. It was mentioned by .lain that Vidya Sagar had gone to the neighbouring shopkepeers for calling witnesses.