LAKHVINDER SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The applicant in this revision, was prosecuted for an offence under Sec. 7/16 of the Prevention of Food Adulteration Act (briefly the Act) for selling adulterated milk. He was convicted by the trial court and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1000.00. The conviction and sentence were upheld by the learned Sessions Judge, Nainital.

(2.) In this revision, the learned counsel did not make any submission on the merits. He contended that the applicant was below 18 years of age on the date of occurrence and, therefore, should be allowed benefit of Sec. 20-AA of the Act. Since this point was not raised before the courts below and the exact age of the applicant had not come on record, the trial court was directed to submit a report about it.

(3.) Before the trial court a school certificate was filed which showed that the applicant was born on 10-9-61. The Chief Medical Officer was also asked to medically examine the applicant and report about his age. The Chief Medical Officer got ossification of various bones of the applicant done and thereafter submitted his report dated 26-8-81 saying that the applicant Lakhvinder Singh was about 22 years old. The Chief Medical Officer found that all the epiphyses of lower and upper ends of radius and ulna bones and metacarpal bones had fused. He also found that epiphyses of sternal end of clavical bone was fused.