DEVI DATT Vs. STATE OF U.P.

JUDGEMENT

(1.) This is an application in revision by Devi Datt against the judgment dated 5-6-1980 of the II Additional Sessions Judge, Nainital, upholding the conviction of the applicant under Sec. 16 read with Sec. 7 of the Prevention of Food Adulteration Act and the sentence of six months rigorous imprisonment and a fine of Rs. 1000.00.

(2.) The relevant facts are that the Food Inspector concerned took sample of mixed milk of cow and buffalo from the applicant for analysis according to law on the 24th of July, 1976, at 8.30 A.M. at Haldwani in District Nainital. The portion sent to the Public Analyst was reported to be adulterated as the sample was deficient in non-fatty milk solids by 27 per cent. It may be mentioned that the proportion of the milk fat was adequate.

(3.) The applicant pleaded not guilty.