SUBEDAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This is a revision against a judgment and order of the learned Sessions Judge, Mainpuri, dismissing an appeal of the applicant Subedar and affirming his conviction for the offence punishable under Sec. 16 read with Sec. 7 of the Prevention of Food Adulteration Act. The trial court awarded a sentence of one year R.I. and fine of Rs. 1,500.00 to the applicant. The lower appellate Court reduced both the sentence to six months R.I. and fine of Rs. 200.00. In default of payment of fine the applicant was to further undergo 30 days R.I.

(2.) The prosecution case was that on 2-4-1978 at 7.30 in the morning, near Bhogaon Railway Station, Food Inspector Ram Prakash found the applicant Subedar carrying goat milk for sale. He gave notice in form No. 6 and purchased 660 millilitres of milk on payment of Rs. 1.32 p. He divided the sample milk in three parts and packed and sealed them separately in three bottles. He obtained a receipt from the applicant of the price paid. He sent one of the phials to the public analyst, who reported that the milk was adulterated inasmuch as it contained 2.4% of fatty contents and 6.4% of non-fatty solids as against the prescribed standard of 3.5% and 9% respectively. After obtaining the usual sanction the applicant was prosecuted by means of a complaint.

(3.) The applicant pleaded not guilty.