GIAN CHAND Vs. STATE

JUDGEMENT

(1.) This revision is against the judgment of a learned Additional Sessions Judge, Delhi, who on Sept. 30, 1966 maintained the conviction of Gian Chand alias Giani for an offence under section 7 read with section 16 of the Prevention of Food Adulteration Act, 1954 but reduced the sentence to six months rigorous imprisonment and fine of Rs. 1,000.00. The trial Magistrate had awarded a sentence of one year's rigorous imprisonment and fine of Rs. 1,000.00 and against his conviction and sentence Gian Chand had filed an appeal to the Court of Session on which the sentence was reduced as stated above.

(2.) The facts relating to the case were not disputed before me by the learned counsel for Gain Chand petitioner. On July 31, 1965, at about 8.15 a.m., the petitioner was carrying two cans of milk on a cycle. The cans bore the indication that these contained cow milk. Shri Bal Raj Kochhar, Food Inspector, purchased some milk for purposes of analysis. The milk was divided into three portions and each portion was put in a clean dry bottle after sixteen drops of formalin. The bottles were then scaled with the seal of Food Inspector. One of the sealed samples was given to the vendor. Out the other samples one was sent to the Public Analyst for analysis and the section one was retained by the Food Inspector.

(3.) The report of the Public Analyst (Ext. P/5) showed that the sample sent for analysis contained 2.1% tat and 9.30% of non-fatty solids. The opinion of the Public Analyst was that the sample was adulterated due to 1.4 deficiency in fat percentage.