GHASITA Vs. STATE AND ANOTHER

JUDGEMENT

(1.) Revisionist Ghasita has been convicted under Sec. 7/16 Prevention of Food Adulteration Act for selling adulterated cows milk and sentenced to rigorous imprisonment for six months and a fine of Rs. 1,000.00 in default further rigorous imprisonment for three months and also for breach of R.I. 50 by selling milk without a licence and sentenced to a (rue of Rs. 100.00 in default rigorous imprisonment for one month by the two courts below.

(2.) The case was that the applicant was found selling milk and a sample was taken at about 7.00 A.M. on 16-12-1977 near Dhadheru kiln. Dhadheru is the village to which the applicant belongs. His case was that the inspector had taken Rs.200.00 from him for securing a licence and on his demand for the same had secured his thumb impression alleging that these formalities were required for getting the licence. The courts below disbelieved this defence.

(3.) The learned counsel tried to reopen the question of belief of defence version stressing the evidence of Mohd. Yakub as a defence witness when admittedly he was a witness to the sample taking. I am afraid the rejection of the defence version is a finding of fact based on cogent grounds for reopening which in revision no sufficient justification has been pointed out.