NATVARLAL C SHAH FOOD INSPECTOR AHMEDABAD Vs. PRABHATBHAI PUNJABHAI

JUDGEMENT

(1.) This revision application which originally came up before a learned Single judge of this court has been referred to this court as in the opinion of the learned Single Judge the question involved viz. whether cows milk is primary food within the meaning of sec. 2(xiia) of the Prevention of Food Adulteration Act 1954 (the Act) is of consi- derable importance and arises in several other matters pending in this court and also for the reason that there is conflict of views on the subject between two High Courts viz. Kerala High Court and the Allahabad High Court.

(2.) Opponent No. 1-Original accused was prosecuted before the learned Metropolitan Magistrate 6 court Ahmedabad in summary case No. 75 of 1977 for the offence under sec. 16(1)(a)(i) read with sec. 7 of the Act on the allegation that the accused was doing business as a hawker distributing milk from place to place and that on 18/06/1977 at about 6 Oclock in the morning at Jahangirpura near Civil Hospital Ahmedabad he sold cows milk to the complainant-food inspector which on analysis was found to contain addition of water by 15% and thus adulterated.

(3.) The accused on being told by the court that as per the prosecution he was doing business as a hawking milk vendor and he had sold cows milk at the aforesaid time and place containing 15% of added water and thus adulterated and that he had thereby committed an offence punishable under sec. 7(1) read with sec. 16(1)(a)(i) of the Act and when asked as to whether he was pleading guilty or wanted to defend himself he answered that he was pleading guilty to the offence and was praying for mercy. The learned Magistrate accepted the plea of guilty and then heard the arguments on behalf of the accused and holding that there were no proper and sufficient reasons to award lesser sentence he awarded sentence of six months S. I. and a fine of Rs. 1 0 in default three months further S. 1. by his order dated 3/08/1977