CHAKRAPANI Vs. STATE

JUDGEMENT

(1.) This revision is preferred by the accused in C.C. 597/81 on the file of the Court of the Sub-Divisional Judicial Magistrate, Ulundurpet, canvassing the correctness of the judgment made in Criminal Appeal No. 69/82 on the file of the Court of Session, South Arcot at Cuddalore dismissing the appeal and confirming the conviction recorded by the trial court under section 15 (1) (a) (i) read with sections 2 (1) (a) and 7 (1) of the Prevention of Food Adulteration Act, but reducing the sentence of rigorous imprisonment for nine months imposed by the trial Court to one for six months.

(2.) The indictment levelled against the revision petitioner is that on 27 - 8 - 1981 at about 3-30 p.m., the Food Inspector of Kaliakunchi purchased 660 m.l. of milk as sample on payment of a sum of Rs. 2.00 by observing all the statutory formalities and the said milk was found to have been Adulterated, as shown in the report of the Analyst.

(3.) The only point that has been now urged in this revision is that there is no evidence on the side of the complainant that before the purchase of the milk was made, the said milk was churned, shaken or stirred with a long-handled dipper or poured from one vessel to another so that the sample would be homogeneous. The learned Government Advocate also fairly concedes that there is no evidence to show that the milk was churned, stirred or shaken before taking the sample.