LAWS(ALL)-1980-11-51

LAKHAN Vs. STATE

Decided On November 14, 1980
LAKHAN Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The applicant has been convicted under sections 7/16 of the Prevention of Food Adulteration Act and sentenced to 1 years R.I. and a fine of Rs. 1000.00 by the trial court. His conviction has been maintained by the Sessions Judge, Gorakhpur vide his order dated 11-12-1975 but the sentence of imprisonment imposed upon him has been reduced from 1 year to 6 months R.I. The sentence of fine of Rs. 1000.00 has been maintained. Hence this revision.

(2.) I have carefully perused the impugned orders.

(3.) According to the prosecution case the Food Inspector purchased a sample of milk which the applicant was carrying for sale in accordance with the procedure prescribed by law on 18th Sept., 75. One of the sample phials was sent for analysis to the Public Analyst. It disclosed that the sample of milk was deficient in fat contents by 48 per cent and in non-fatty solids by 48 per cent. After obtaining sanction, the applicant has been prosecuted and convicted as above.