KARAM HUSSAIN Vs. STATE

JUDGEMENT

(1.) Karam Hussain has filed this revision application against the judgment and order dated 25-4-1980 passed by the 1st Addl. District and Sessions Judge, Saharanpur, dismissing his appeal against this conviction under Sec. 7/16 of the Prevention of Food Adulteration Act. The sentence of six months' rigorous imprisonment and fine of Rs. 1000.00 awarded by the trial court were confirmed. In default of payment of fine he was awarded four months' rigorous imprisonment.

(2.) In brief the prosecution case was that on 13-11-1975 at about 8.30 A.M. near Shivmurti, Railway Road, Police Station Hardwar the revisionist was found selling buffalo milk. Sri Gulshan Ambhwani, Food Inspector, gave him a notice and purchased sufficient quantity of milk for analysis on payment of its price. The same was placed in three sealed phials, one of which was sent to the Public Analyst. The latter reported that the sample was deficient in fat contents to the extent of 30% and non-fatty solids to the extent of 9% and as such it was adulterated. After obtaining the requisite sanction of the Municipal Health Officer, Hardwar, the Food Inspector filed a complaint.

(3.) The revisionist denied the said charge and gave out that he was carrying only about 4 kilos of cow's milk which was not meant for sale. The Food Inspector obtained his thumb impressions by force and also took sample without paying any price.