GURDIP SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision has been filed against the judgment and order dated 18 -7 -1986 passed by the Addi ­tional Sessions Judge, Nainital in criminal appeal No. 147 of 1984 dismissing the ap ­peal of the revisionist and confirming the judgment and order passed by the Special Judicial Magistrate convicting and sen ­tencing the revisionist under Section 7/16 of the Prevention of Food Adulteration Act.

(2.) IN brief the facts of the present case are that a sample of mixed milk of cow and buffalo was taken by the Food Inspector from the revisionist on 24 -7 -1983 and the Public Analyst found deficiency of non -fatty solids by 28%. The complaint was filed and the accused was convicted and sentenced under Section 7/16 of fie Prevention of Food Adulteration Act.

(3.) LEARNED Counsel for the revisionist contended that the Public Analyst had found only deficiency of non -fatty solids by 28%. Placing reliance upon the judgment of this Court in Ramswarup v. State, 1979 All India Prevention of Food Adulteration Journal 86, learned Counsel for the appellant argued that if the fatty contents are alright and sample is deficient only in non fatty solids, it will not neces ­sarily mean that the sample was adul ­terated.