RAM AUTAR Vs. STATE

JUDGEMENT

(1.) The applicant was convicted under Sec. 7/16 of Prevention of Food Adulteration Act (hereinafter referred to as the Act) and sentenced to six months rigorous imprisonment and a fine of Rs. 1000.00, and in default of payment of fine to undergo three months rigorous imprisonment by the IVth Additional Munsif-Magistrate, Fatehpur by his judgment dated 28-2-1978 passed in Criminal Case No. Ill of 1978. He filed Criminal Appeal No. 43 of 1978 which was dismissed by the IInd Additional Munsif-Magistrate, by his judgment dated 14-11-1979. He has now come up in revision to this Court.

(2.) The case of the prosecution is that S.K. Mishra (P.W. 1) Food Inspector purchased 75 mililitres of mixed milk of cow and buffalo for Rs. 1.50.00 from the applicant on 27-9-1977 at about 8-20 A.M. near Ismailganj crossing. The milk was divided into three equal parts and sealed in three phials. One of the phials was sent to the Public Analyst and the report of Public Analyst showed that it was deficient in non-fatty solids by 22 per cent.

(3.) It has been held in Sultan Shah Vs. State, 1973 FAC 343 that if the fat contents are very much higher than the prescribed minimum and the non-fatty solids are below the prescribed minimum, the only inference that can be drawn is that either the animals were not properly fed or that the report of the Public Analyst was erroneous.