RIYASAT ALI Vs. STATE OF U.P.

JUDGEMENT

(1.) The revisionist Riyasat Ali has been convicted under Sec. 7/16 of Prevention of Food Adulteration Act and sentenced to R.I. for six months and a fine of Rs. 1,000.00, in default further R.I. for two months. The conviction and sentence were affirmed in appeal by the Additional Sessions Judge, Muzaffarnagar.

(2.) The prosecution case was that the revisionist was found selling buffallo milk at about 8.00 a.m. on 24-10-1977 in Gandhi Colony, Muzaffarnagar and a sample of the said milk was taken for analysis by R.P. Atri, Chief Food Inspector. On analysis, this milk was found to contain 5.2 per cent fatty contents as against the prescribed 6 per cent and 7 per cent non-fatty solid contents as against the prescribed 9 per cent. After sanction of the Chief Medical Officer, the appellant was prosecuted.

(3.) The revisionist's case, in defence, was that he was only a carrier of milk sent by one Dhoom Singh of his village, to a relation Arvind Kumar alias Raj in town. The prosecution examined the Food Inspector and a witness Sushil Kumar. The revisionist in defence examined Dhoom Singh and Raj. The prosecution version was believed.