GANPAT RAM Vs. STATE

JUDGEMENT

(1.) This revision is directed against the judgment of an Additional Sessions Judge, Delhi, upholding the conviction of the petitioner under Section 7/16 of the Prevention of Food Adulteration Act (hereinafter referred to as "the Act", but reducing the sentences to four months rigorous imprisonment and fine of Rs. 1,000.00 and in default of payment of fine to undergo three months rigorous imprisonment.

(2.) The petitioner has a shop numbered 1251 at Gali Charhat Gulian, Jama Masjid, Delhi. Food Inspector O.P. Khurana on 11.11. 1970 at about 6 a.m. found the petitioner selling milk from a container which bore the inscription "cow milk", and took a sample of the same for analysis according to law. The report was that the same is misbranded as the same is skimmed milk but has been declared as Cow's Milk."

(3.) The trial Court found in favour of the prosecution version and convicted the petitioner sentencing him to one year's rigorous imprisonment and a fine of Rs. 1,000.00 in default of which to undergo further rigorous imprisonment for three months. On appeal the learned Additional Sessions Judge reduced the sentence as aforesaid.