KESHO RAM Vs. STATE

JUDGEMENT

(1.) THIS criminal revision is directed against the Judgment dated 19.8.1977 of the Additional Sessions Judge, Delhi, whereby the conviction of Kesho Ram petitioner, under Section 7/16 of the Prevention of Food Adulteration Act, by the Metropolitan Magistrate on 31.1.1976, was maintained. The sentence of 9 months rigorous imprisonment and a fine of Rs. 1,000/ -, or in default to further rigorous imprisonment for six months as awarded by the trial court, was, however, reduced to rigorous imprisonment for four months and a fine of Rs. 1,000/ -, or in default to further rigorous imprisonment for three months.

(2.) KESHO Ram petitioner is a milk vendor and is operating his business from shop No. 26, Sriniwaspuri, New Delhi. On 29.5.1974, at about 7.30 A. M. Food Inspector P. N. Ralhan visited the shop and found the petitioner selling milk. After disclosing his identity and giving notice to the petitioner, the Food Inspector purchased 660 ml. of cow's milk for analysis out of the milk lying there in a tub. The same was divided in three equal parts and put into three bottles after addition of 18 drops of formalin in each. The bottles were sealed. One of them was left with the petitioner.

(3.) OF the two other bottles retained by the Food Inspector, one was sent to the Public Analyst on 2.7.1974. The analysis of the sample revealed that the milk was adulterated due to 2.2 deficiency in milk solids not fat per cent which was equivalent to 26.5 percentage deficiency in milk solids not fat % added water). The report of the Public Analyst was dated 5.7.1974. On 18.7.1974, a copy of this report was served upon the petitioner.