MADAN GOPAL 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 for selling adulterated milk and the sentence of rigorous imprisonment for six months and a fine of Rs. 1,000.00 . His conviction for selling milk without licence and seence for six months rigorous imprisonment and a fine of Rs. l,000.00 were also upheld.

(2.) The petitioner runs a shop at 1/1856 Jot Dharamsala, Jamuna Bazar, Delhi. On July 26, 1973 at 6.30 a.m. Food Inspector Kanwal Krishan found him selling milk without licence. The Food Inspector purchased a sample of cow's milk for analysis. The Public Analyst found the milk adulterated "due to the presence of foreign matter of cane sugar to the extent of 1.71 per cent" (Exhibit P.E.).

(3.) The defence of the petitioner was that the sample had been taken out of milk which he had kept for domestic consumption and to which cane sugar had been added as a preservative. He denied receiving any price. He also denied that the milk was taken from a bucket on which there was an indication that it contained cow's milk.