REOTI Vs. STATE OF U.P.

JUDGEMENT

(1.) The applicant was prosecuted under Sec. 7/16 of the Prevention of Food Adulteration Act (hereinafter referred to as "the Act").

(2.) According to the prosecution the applicant was found selling milk on 19-11-1976 at about 7.30 A.M. when B.K. Arora Food inspector took sample of the milk. The sample was sent for analysis to the Public Analyst. The Public Analyst reported the milk to be deficient by 25 per cent in fat contents and 13 per cent in non-fatty solids. Sanction was duly obtained from the Chief Medical Officer and prosecution was launched against the applicant.

(3.) Before the trial court the Food Inspector was examined as P.W.1 by the prosecution and the trial court on the basis of the oral evidence as well as documentary evidence found the applicant to be guilty of the offence under Sec. 7/16 of the Act and sentenced him to R.I. for six months and a fine of Rs. 1000.00. Feeling aggrieved, the applicant preferred an appeal which was also dismissed.