JITENDRA PAL Vs. THE STATE OF U.P.

JUDGEMENT

(1.) This is a revision against the judgment and order of the learned Vth Additional Sessions Judge, Muzaffarnagar, dismissing an appeal of the applicant, Jitendra Pal and upholding his conviction for an offence under Sec. 7/16 of the Prevention of Food Adulteration Act and sentencing him to undergo R.I. for six months and to pay a line of Rs. 1,000.00.

(2.) The prosecution case was that Gautam Singh, Mobile Food Inspector, Meerut Division, inspected the shop of the applicant situate in Mohalla Sanwat Gate in the town of Muzaffarnagar on 20-2-1978 at 8.30 A.M. and purchased 660 M L. Litre of milk for analysis, after giving him notice in form No. 6. One of the sample bottles was sent to the Public Analyst, who reported that it was adulterated. The Food Inspector thereupon obtained a sanction from the Chief Medical Officer, Muzaffarnagar, and thereafter filed a complaint.

(3.) The applicant pleaded not guilty. He stated that he had been prosecuted under a mistaken identity.