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Madhya Pradesh High Court · body

1978 DIGILAW 697 (MP)

Gopalsingh v. State of M. P.

1978-09-19

S.R.VYAS

body1978
Short Note : 1. It has been found that on May 25, 1973, the applicant sold milk to the Food Inspector Satyanarayan Gupta which, on analysis, was found to be adulterated. The contention of the applicant was that he did not sell milk to the Food Inspector; that the sample taken by the Food Inspector was of cow milk and that the milk carried by him was not for sale but was for his own consumption. The defence raised by the applicant has been rejected by both the Courts below. Held: According to the report of the Public Analyst (Ex. P-8) the milk fat contents were 4.1% and the milk solids non-fat contents were 7.5%. According to the standard prescribed by the rules for the cow milk, the milk fat contents were 4.1 % instead of 3.5% but the milk solids non fat were only 7.5% as against the required 8.5%. Judged from the standard prescribed for the buffalo milk, the milk fat contents as well as milk solids non-fat contents were only 4.1 % and 7.5% as against the required 5.0% and 9 0%. Thus, even if what was sold by the applicant was cow milk, even then it has to be held that the milk sold by the applicant was adulterated. 2. The learned counsel for the applicant sought to raise another contention that what was purchased by the Food Inspector was not a representative sample of the milk but this contention was not pressed in view of the decision of the Supreme Court in State of Kerala v. Alasserry Mohd, AIR 1978 SC 933 . Sentence reduced from 6 month's R.I. to 3 months R.I. fine enhanced from Rs.1,000 to 2,000. AIR 1978 SC 933 , relied on. Revision partly allowed.