DEVI PRASAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This revision is preferred by the revisionist against the judgment and order dated 23-5-1984 passed by III Addl. Sessions Judge, Kanpur Nagar whereby he dismissed the appeal and confirmed the judgment and order dated 8-2-1984 passed by Sri K. K. Tyagi, Chief Metropolitan Magistrate, Kanpur Nagar in Case No. 2267 of 1981 convicting the revisionist under Section 7/16 of the Prevention of Food Adulteration Act and sentencing him to undergo R.I. for a period of six months and pay a fine of Rs. 1,000.00. In default of payment of fine he shall further undergo 4 months R.I.

(2.) The prosecution case in brief is that on 5-2-1981 at 1.00 P.M. Sri K. N. Misra, Food Inspector, Nagar Mahapalika, Kanpur, found the revisionist selling milk at Halsey Road, Kanpur. The Food Inspector purchased 6.60 Mili Litre Milk and paid a sum of Rs. 1.65 as its price. The milk was divided and filled into three phials which were sealed on the spot. Necessary documents were also prepared on which thumb marks of the applicant were obtained. One of the phials was sent for analysis. The report of the Public Analyist is Ex.Ka-4. It shows that sample milk contained only 4.6% milk fat and 8.5% non fatty solids. The Public Analyist has judged the sample milk with the standard prescribed for buffaloe milk, thus he opined that milk fat was less by about 2.3% and fatty solid by about 6%. The milk was thus found to be adulterated.

(3.) In support of its case the prosecution examined Sri K. N. Misra, Food Inspector as P.W.1 and Sri S. K. Jauhari, Chief Food Inspector as P.W. 2.