VISHWANATH 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 31-12-1977 the accused-applicant was found selling mixed milk of cow and buffalo. A sample was taken by the Food Inspector and was sent to the Public Analyst. The Public Analyst reported that the sample was deficient in non-fatty solid contents by about 16%. Sanction was duly granted by the Chief Medical Officer, Etawah, and thereafter prosecution was launched. The trial court found the applicant guilty under Sec. 7/16 of the Prevention of Food Adulteration Act and sentenced him to six months R.I. and Rs. 1,000.00 fine. Feeling aggrieved, an appeal as preferred which has been dismissed by the 1st Additional Sessions Judge, Etawah, by his judgment dated 14-3-1980.

(3.) In the present revision, learned counsel for the applicant has challenged the aforesaid two orders only on one ground. It has been urged that in the sample the fat contents of the mixed milk were found to be 5.10% and the non-fatty solid contents to be 7.1%. It has been urged that in view of the decision of a Division Bench in Criminal Revision No. 2041 of 1971 (Pooran Singh Vs. State) decided on 6th Jan., 1978, the report of the Public Analyst should not be believed. It has been urged that as the fat contents in the present case were above the standard prescribed, the analysis that the non- fatty solid contents were below the prescribed standard, was the result of wrong analysis of the sample by the Public Analyst.