SITA RAM Vs. STATE OF U.P.

JUDGEMENT

(1.) The revisionist Sita Ram has been convicted under Sec. 7/16 Prevention of Food Adulteration Act and sentenced to six months rigorous imprisonment and a line of Rs. 1,000.00. The Magistrate has not mentioned any term of imprisonment to be served in case the fine is not paid. This should have been done and the Magistrate will do well to familiarise himself with the provision regarding sentencing of accused persons.

(2.) The milk in question was goat's milk and the Analyst report showed that there is fat contents of 6% and non-fatty solid 8.4% as against the prescribed standard of fat content 3% and non fatty solids content of 9%.

(3.) It was urged that the excess fat contents leads to the inference that there was no adulteration or in any case that the Public Analyst's report was not dependable. I am unable to agree with this contention but it is not necessary to go into this question in any detail because another contention urged on behalf of the applicant, should in my view succeed.