BAITAL SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The applicant was prosecuted under Sec. 7/16 of the Prevention of Food Adulteration Act.

(2.) According to the prosecution on 27-6-1976 at about 11 A.M. Food Inspector Shri A.P. Dwivedi found the applicant selling milk from his can. A sample was taken in presence of an independent witness and the same was sent to Public Analyst. The Public Analyst reported that the sample was deficient in non-fatty solids by about 18%. Sanction was obtained for prosecuting the applicant from the concerned Chief Medical Officer and then prosecution was launched.

(3.) The prosecution, before the magistrate, examined the Food Inspector to prove its case. The magistrate found the charge against him to be proved and convicted him under Sec. 7/16 of the Act and sentenced him to six months R.I. and Rs. 1000.00. Feeling aggrived, the applicant preferred an appeal which has also been dismissed.