MUNICIPAL CORPORATION, INDORE Vs. RAM LAL

JUDGEMENT

(1.) This is an appeal against acquittal. The accused-respondent, from whom a sample of cow-milk was taken by Food Inspector, Nawab Khan (P.W. 1), and found to be adulterated as per Public Analyst's report, Ext. P-4, has been acquitted by the Trial Court, solely on the ground that in view of the fat-contents 6-1 as found by the analyst, the milk in question could not be said to be adulterated. Reliance has been placed on Nanaksingh Vs. State, 1976 FAJ 317.

(2.) While it was contended by Shri Dhanji, learned Counsel for the appellant that it was not open to the Court to make a departure from the standards prescribed, and say, in face of clear categorical report of the Public Analyst about adulteration, that the sample was not adulterated Shri Agrawal, on the other hand stressed, that in view of high percentage of milk fat, for higher than prescribed, the Trial Court rightly held that the milk sample could not be said to be adulterated.

(3.) There is no other point either raised or involved in this appeal.