NARESH CHANDRA Vs. STATE

JUDGEMENT

(1.) The applicant has been convicted under Sec. 7/16 of the Prevention of Food Adulteration Act and sentenced to six months R.I. and a fine of Rs. 1000.00by the trial court. In default of payment of fine he is to undergo six months R. I. His conviction and sentence have been maintained in appeal by the Sessions Judge, Aligarh. Hence this revision.

(2.) I have heard counsel for the applicant and have also scrutinised the record of the case.

(3.) Very briefly stated the facts of the case are that a sample of milk was purchased by the Food Inspector from the applicant at about 8.30 A.M. on 27th Oct. 1975 in accordance with the procedure prescribed by law. One of the sample phials was sent to the Public Analyst whose report disclosed that it contained 5.3% fat and 7.8% non-fatty solids, thus, it was deficient in fat contents by 12% and in non-fatty solids by 13 per cent judged from the standard of buffalo milk. After obtaining sanction the applicant has been prosecuted and convicted as above. Both the courts below on consideration of the evidence on record and the circumstances of the case have come to the conclusion that the guilt of the accused has been fully established. I do not find any illegality or perversity recorded by them.