High CourtsDivision Bench(1940) 10 MAD CK 0006

The Public Prosecutor vs Panchakarla Sooramma

Madras High Court · Decided on 25 October 1940 · Citation: AIR 1941 Mad 617 : (1941) 1 MLJ 716

HON’BLE JUDGES
Lakshmana Rao, J

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Judgment

9 paragraphs · 206 words

Lakshmana Rao, J.—This is an appeal by the Provincial Government against the acquittal of respondent of an offence under Rules 27 and

29 framed u/s 20 of the Madras Prevention of Adulteration Act.

2.

The respondent, a golla woman, was selling milk near the Railway station and the Sanitary Inspector purchased half a seer of milk for sample.

The milk was found to contain 14 per cent. of water and Rule 27 of the rules framed u/s 20 of the Madras Prevention of Adulteration Act provides

that no person shall add any water to milk intended for sale or offer for sale milk to which any such addition has been made. Rule 29 makes a

breach of that rule punishable with fine and the purity of the milk is immaterial. The respondent would there fore be guilty under Rules 27 and 29

and her acquittal on the ground that the milk was not otherwise adulterated is unsustainable. The. appeal is therefore allowed and the order of

acquittal is set aside. The respondent is convicted under Rules 27 and 29 framed u/s 20 of the Madras Prevention of Adulteration Act and

sentenced to pay a fine of Rs. 10, with simple imprisonment for one week in default.