MAN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This is a revision against a judgment and order of the learned IV Additional Sessions Judge, Mainpuri dismissing an appeal of the applicant Man Singh against his conviction for an offence punishable under Sec. 16 read with Sec. 7 of the Prevention of Food Adulteration Act with the modification that the applicant shall undergo rigorous imprisonment for three months and pay a fine of Rs. 500.00 and in default of payment of fine, shall further undergo two months R.I. instead of undergoing a substantive sentence of one year's R.I. and pay a fine of Rs 2000.00 and in default of payment of fine to undergo further rigorous imprisonment for six months as awarded by the trial Court.

(2.) The prosecution case was that on 26th of Dec., 1977 at 12 in the noon, V.P. Chaudhary, Food Inspector, found the applicant Man Singh carrying buffalo milk in a can on a cycle for sale on Karnal road, Mainpuri. The Food Inspector gave him a notice in form No. 6 and purchased 660 ml. litres of buffalo milk from the applicant for a sum of Rs. 1.50 p. and obtained a receipt for the price paid. He divided the sample milk in three parts and packed and sealed each part in a phial. He sent one of the sample phials alongwith form No. 7 to the public analyst and the remaining two phials to the Local Health Authority. The public analyst reported in his report Ext. ka-4 that the sample milk was deficient in fatty contents by 22% and in non-fatty solids by 32% and was, therefore, adulterated. After obtaining the usual sanction from the Local Health Authority, a complaint was made against the applicant.

(3.) In the trial Court, the applicant pleaded not guilty. He examined Ved Prakash in defence.