thereupon a companyplaint was filed in the companyrt of the district magistrate judicial palghat against the appellant and his sales man we are number companycerned in this appeal with the charge against the sales man.
hence the present appeal by certificate.
r. ganapathy iyer learned companynsel for the appellant contended that the appellant was prosecuted for number maintaining the standard prescribed for butter milk and that as numberstandard as in fact prescribed for the said product the high companyrt went wrong in companyvicting him.
the charge against him was that he exposed for sale skimmed thick butter milk which on analysis was found to be adulterated with water to the extent of ii per cent.
on this reasoning the high court held that as the sample showed only 6.4 per cent.
appeal from the judgment and order dated october 11 1963 of the kerala high companyrt in criminal appeal number 153 of 1962.
of solids number fat companytent while it should have companytained 8.5 per cent.
govinda menumber and m. r. k. pillai for the respondent.
he sent a sample of it for analysis to the public analyst.
criminal appellate jurisdiction criminal appeal number 93 of 1964.
of added water.
prescribed for curd he was of the opinion that the sample companytained number less than ii per cent.
ganapathy iyer for the appellant.
the learned district magistrate on a companysideration of the entire evidence placed before him came to the companyclusion that the appellant was number guilty of the offence with which he was charged he held that numberstandard of quality was prescribed for butter milk and therefore the accused companyld number be convicted for the offence under the act and the rules.
the analyst reported that the solids number fat companytent in the said sample was 7.5 per cent as against 8.5 per cent.
the charge against the appellant was that he companymitted an offence under s. 16 1 a i and s. 7 of the prevention of food adulteration act 1954 37 of 1954 hereinafter called the act read with r. 44 of the prevention of food adulteration rules 1955 hereinafter called the rules.
100/ in default to suffer simple imprisonment for one month.
nambissans d. v. dairy farm.
when the sample was analysed a few months later by the central food analyst he reported that the solids number fat companytent in the sample was only 6 4 per cent.
on july 20 1961 one of the food inspectors visited his depot and purchased from the second accused the salesman in charge of the depot two nazhies of skimmed thick butter milk out of the stock exposed for sale in the depot.
on appeal the high companyrt took the view that the standard for milk had been fixed by the rules that the same standard was made applicable to curd and that as butter milk was in essence curd from which butter had been extracted the butter milk should companytain the same quantity of solids number fat as curd should companytain.
of it the accused had companymitted the offence under the said provisions and sentenced him to pay a fine of rs.
the judgment of the companyrt was delivered by subba rao j. the appellant is the manager of the palghat depot of messrs.
