JANPAL SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS criminal revision arises out against the judgment and order dated 07 -01 -1985 passed by Additional Sessions Judge (Special Judge), Nainital in Criminal Appeal No. 208 of 1982 thereby upholding the conviction and sentence of 6 (six) months rigorous imprisonment and a fine of Rs. 1,000/ -and in default of payment of fine further rigorous imprisonment for a period of three months as recorded by the Judicial Magistrate, Nainital vide order dated 07 -09 -1982 in Criminal Case No. 494 of 1981 under Section 7/16 Prevention of Food Adulteration Act.

(2.) BRIEF facts giving rise to this revision are that on 28 -02 -1978 Food Inspector - Sri S.S. Chilwal stopped the revisionist at about 08:15 a.m. on the Nainital Road crossing Rudfapur. The latter was carrying milk for sale. The Food Inspector served the revisionist with a notice in Form No. VI of his intention to take a sample and then purchased a sample of 660 ml. of milk after paying its price. The sample was sealed in a separate clean bottle. The memorandum was also prepared and thereafter one part of the sample along with the memorandum was sent to the public analyst for analysis. The remaining two parts were deposited with the Local Health Authority. After receipt of the report of the public analyst it revealed that the milk fat was found to be 5.7% and non -fatty solids 7%. Thus, the milk fat was deficient by 5% and non -fatty solids by 22%.

(3.) THE prosecution examined Sri S.S. Chilwal (RW.l) -Food Inspector, Sri C.D. Bhatt (RW.2) -Clerk in the office of Local Health Authority and Sri Durga Singh (RW.3) in whose presence the sample was taken. The revisionist did not adduce any evidence in his defence.