RAM SWAROOP Vs. STATE

JUDGEMENT

(1.) Ram Swaroop was convicted of an offence punishable under Sec. 16(l)(b~) of the Prevention of Food Adulteration Act and was sentenced to rigorous imprisonment for a period of six months and to a fine of Rs 1,000.00 or in default to further rigorous imprisonment for 3 months on the charge of having prevented Food Inspector, Jeevan Singh from taking sample of cow's milk from his premises at Joshi Road, Delhi, on the early morning of 30th April, 1969.

(2.) On appeal before the court of Session, his conviction and sentence were maintained and he has now moved this court in revision.

(3.) The prosecution case against him was that Jeevan Singh, Food Inspector, accompanied by Bimal Parsid Jain, Chief Sanitary Inspector, Shri O.P. Khurana another Food Inspector and Jaswaat Singh went to the premises of the petitioner at 5 40 a m. on 30th April, 1969 and found him selling cow's milk Jeevan Singh disclosed his identity and told the petitioner that he wanted to purchase sample of milk for the purpose of analysis. Instead of giving him that sample, the petitioner pushed Jeevan Singh aside and then split the milk by turning turtle the cane and thus prevented the Food Inspector from taking the sample.