LAWS(ALL)-2000-4-96

SOHAN SINGH Vs. STATE OF UTTAR PRADESH

Decided On April 11, 2000
SOHAN SINGH Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) THIS revision is directed against the judgment and order dated 25 -9 -84 passed by IV Additional Ses ­sions Judge, Pilibhit dismissing the appeal preferred against the judgment and order dated 27 -7 -1984 passed by Special Judicial Magistrate (Economic Offences), Pilibhit convicting the revisionist under Section 7/16 Prevention of Food Adulteration Act and sentencing him to undergo rigorous imprisonment for six months and to fine of Rs. 1,000/ - and further convicting him under Section 7/16 of Prevention of Food Adulteration Act read with Rule 50 of Prevention of Food Adulteration Rules and sentencing him to rigorous of 3 months and fine Rs. 500/ -.

(2.) THE learned Counsel for the revisionist contended that the alleged of ­fence was committed on 25 -5 -82 and after such a long time it would not be desirable to send the accused to jail. He contended that the Courts below committed illegality in holding that the sample of cow milk was adulterated as it contained 14.3% solids which was more than the prescribed stand ­ard. The learned Counsel contended that fatty contents were 6.8% i.e. 3.3% more than the prescribed standard and deficien ­cy was with regard to non fatty solids which was marginal. He contended that as the total solids were more than the prescribed standard the only inference that will be drawn is that the Public Analyst did not take necessary precautions or the cow was not properly fed.

(3.) SUB -clause (1) provides that if the quality or, purity of the article falls below the prescribed standard or its constituents are present in quantities not within the prescribed limits of variability, which renders it injurious to health such article is adulterated.