MOR SINGH Vs. STATE

JUDGEMENT

(1.) Convicted by the trial court under section 7/16 of the Food Adulteration Act the petitioner was sentenced to nine months rigorous imprisonment and a fine of Rs. 1,000.00. While maintaining his conviction under the aforesaid provision the court of appeal reduced the sentence to six months rigorous imprisonment and a fine of Rs. 1,000.00 : in default of payment whereof the petitioner was to undergo rigorous imprisonment for three months.

(2.) The prosecution case sought to be established against the petitioner was that on the 10th of April, 1969, P.W. 1 purchased from him at 7 a.m. cow's milk which was divided into three samples in the presence of P.W.s 3 & 4. A notice had been given to the accused and after purchasing 660 M.L. of milk he was paid 0 65 P and then the various documents were prepared The report received from the Public Analyst was proved as Exhibit P.E in this case. The facts found and recorded in the report are :

(3.) Sec. 13(5) of the Prevention of Food Adulteration Act (herein-after called "the Act" is:-