Prevention of Food Adulteration Act, 1954–Sec. 7/16–Conviction–Sus-tainability–Sample of milk was found to be adulterated, as the Milk Solid Fat (MSNF) content was 6.17% against the prescribed minimum standard of 8.15%–Every deviation from the prescribed standard does not automatically constitute adulteration in the penal sense–The legislative intent is that those deficencies which show deliberate adulteration, manipulation or addition of extraneous / foreign substances, or which render the article injurious to health warrant penal consequences–The fat content was 4.8% which is above the minimum prescribed limit of 3.5% –Further, there is no finding, whatsoever, of added water or the presence of any foreign substance–The marginal deficiency assumes the character of natural veriation contemplated by the proviso–Serious delay on part of the prosecution which resulted the violaton of the petitioner’s rights u/s. 13(2) of the Act–The Appellate Court further erred in placing the entire burden on the accused to have applied for analysis–Conviction of the petitioner cannot be sustained.
