IMAM BUX Vs. STATE

JUDGEMENT

(1.) This revision has been filed by Imam Bux who was convicted for an offence under Sec. 7/16 of the Prevention of Food Adulteration Act (briefly the Act) and was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1000.00 by the Chief Judicial Magistrate, Ram pur and whose conviction and sentence were upheld by the Sessions Judge, Rampur.

(2.) Briefly stated, the facts were that on 5-11-1978 at about 8.40 A.M. the applicant was found exposing dahi on his cycle for sale. Food Inspector Sri Pratap Singh took a sample of that curd according to rules on payment of Re. 1.50 P. for 750 grams of curd. The Public Analyst analysed the sample according to the standard prescribed for buffalo milk and found that the curd contained 0.4 per cent fat and 3.29 per cent non-fatty solids. The sample was treated as adulterated. The Chief Medical Officer accorded sanction and thereafter the applicant was prosecuted.

(3.) The case of the accused applicant was that he was carrying separate dahi and it was not meant for sale. He did not adduce any evidence in defence.