RAM LAKHAN Vs. STATE AND ANOTHER

JUDGEMENT

(1.) On 19th July, 1973, at about 7.45 A.M. near Taxi Stand, Old Rajinder Nagar, Delhi, the petitioner was found carrying cow's milk for sale. He had no licence for selling the milk. The Food Inspector of the Corporation purchased 660 mili litres of milk from the petitioner for analysis on payment. The sample being sent for analysis revealed 20.6% deficiency in milk solids not fat and 56.6% deficiency in milk fat.

(2.) On the above facts Shri" R.N. Gujral, Assistant Municipal Prosecutor, filed a complaint against the petitioner under section 7 read with section 16 of the Prevention of Food Adulteration Act, 1954 (hereinafter called to be the 'Act'). On trial the petitioner was found guilty by Shri R.C. Chopra, Judicial Magistrate, 1st Class, Delhi. He was convicted under sections 7/16 of the Act and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000.00 and. in default of payment of fine to further undergo rigorous imprisonment for six months, by his order dated 12-12-1973. The learned Magistrate further convicted the petitioner under the aforesaid provisions of the Act for carrying the milk for sale without licence and sentenced him to undergo rigorous imprisonment till the rising of the Court and to pay a fine of Rs. 50.00and in default of payment of fine to undergo rigorous imprisonment for 15 days.

(3.) The petitioner then filed an appeal before Shri P.L. Singla, Additional Sessions Judge, who maintained the conviction and sentences by his order dated Dec. 9, 1975.