ABDUL LATIF Vs. THE STATE OF U.P.

JUDGEMENT

(1.) The applicant has been prosecuted under Sec. 7/16 of the Prevention of Food Adulteration Act (hereinafter described as "the Act").

(2.) Food Inspector, G.C. Chandola, found the accused Abdul Latif carrying milk for sale in cans and suspecting the same to be adulterated, took sample from him in accordance with law. The sample was sent for analysis and the Public Analyst reported that the sample of the milk contained milk fat of 5.9% and non-fatty solids to the extent of 6.8%. The non-fatty solids were found to be deficient by 20 per cent than the prescribed standard of 8.5 per cent and so the milk was found to be adulterated. After obtaining the written consent of the Chief Medical Officer, Nainital the prosecution was launched against the applicant.

(3.) The trial court found the applicant guilty and convicted him of having committed the offence under Sec. 7/16 of the Act and sentenced him to six months R. I. and Rs. 1000.00 fine. An appeal was preferred by the accused-applicant which was decided by the III Additional Sessions Judge, Nainital who dismissed the same.