RAM KISHAN Vs. STATE AND M.C.D.

JUDGEMENT

(1.) This revision is directed against the judgment of Mr. P.L. Singhla, Additional Sessions Judge, Delhi, upholding the conviction of the petitioner under section 7/16 of the Prevention of Food Adulteration Act, and the sentence of nine months rigorous imprisonment and a fine of Rs. 1,500.00 for selling adulterated milk and the rigorous imprisonment for six months and a fine of Rs. 1,000.00 for selling milk without licence.

(2.) The petitioner has a Khokha on main road, Indra Nagar, Delhi. He sells milk there. He has also fixed a cream separating machine and separates cream from milk.

(3.) On Jan. 14, 1974 Food Inspector O.P. Sehgal purchased 660 ml of cow's milk for analysis after paying Rs. 1.25 as its price. After adding requisite drops of formaline the milk was put into three separate bottles and duly sealed. Necessary documents were prepared. The petitioner was asked to produce a licence for sale of milk but he failed to produce one. One of the bottles was sent to the Public Analyst who opined that the milk "is misbranded as the same is skimmed milk but has been declared as cow's milk."