VIJENDRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) The instant appeal arises from the judgment passed by the High Court of Allahabad in Criminal Revision No. 1595 of 1988 in and by which the High Court dismissed the revision filed by the appellant thereby affirming the conviction of the appellant under Sec. 7(1)/16(1)(a)(i) of Prevention of Food Adulteration Act, 1954.

(3.) Sri R.C. Kansal, Food Inspector filed a complaint stating that on 16.10.1979, at about 8:00 AM, while he was posted as Food Inspector at Primary Health Centre Bhojpur, he found the appellant taking buffalo milk for sale on the Acchapalgarhi Road, Pilakhuwa, District Ghaziabad. On demanding license from Appellant, it was revealed that he did not have any license for selling the milk. Suspecting adulteration in the milk, complainant prepared a notice Ex.6 and gave a copy to the appellant. After that, in the presence of public witness Radhey Shyam/PW-3, the complainant purchased 660 ml milk for 1 Rupee 65 paise and gave the money to the appellant and took thumb impression of the witness. The purchased milk was divided equally and filled in 3 clean bottles. The bottles were sealed in accordance with the rules and labels were pasted on them. Thumb impression of the Appellant was taken on the labels posted on the bottles. One sample was sent to Public Analyst Lucknow on 17.10.1979. The rest of the 2 bottles were submitted before the office of Chief Medical Officer, Ghaziabad. The Public Analyst received the sample on 18.10.1979, who prepared report Ex.No. 4 dated 15.11.1979 with the finding that the sample of buffalo milk was deficient by 12% in milk fat and 27% in non-fatty solids. The sample was thus found to be adultered.