Justice Manmohan set aside their convictions on the basis of "sharp and substantive variation" in two different reports on tests of the purity of the dairy product.
"Two reports prepared by the Public Analyst and the director, Central Food Laboratory (CFL) show a sharp and substantive variation in both 'milk solid not fat' and 'milk fat' contents. Consequently, the samples drawn by the respondent (Delhi Government) cannot be said to be representative and no conviction is permissible on the basis of the said reports," Justice Manmohan said.
The high court's order came on two petitions, filed seven years ago, by milk dealer M/s Raja Ram Seth & Sons and K D Yadav, a nominee of the milk packaging firm M/s. Amrit Foods of Ghaziabad, against the judgements of trial courts.
The accused were convicted by a magisterial court in 2003 under the Food & Adulteration Act for selling adulterated double-toned milk in a store at Kamla Nagar on June 19, 1993.
Their appeals against the conviction were dismissed by a sessions court in 2005. Consequently, revision petitions were filed in the high court against the verdict.
Justice Manmohan took note of differences in the two test reports of the seized milk and set aside the conviction.
A food inspector had collected milk sample from a confectionery store at Kamla Nagar in North Delhi in 1993 and got it tested by a public analyst, who, in his report, said, "There was an adulteration because 'milk solid not fat' was 8.4 per cent which was less than the prescribed minimum percentage of 9 per cent." (More)
