HABIB AHMAD Vs. THE STATE AND ANOTHER

JUDGEMENT

(1.) The applicant was prosecuted under Sections 7/16, Prevention of Food Adulteration Act (hereinafter referred to as the Act).

(2.) According to the prosecution case the applicant is a milk vendor and was taking mixed milk of cow and buffalo for sale. The Food Inspector purchased milk from him and the aforesaid sample of the milk was sealed in accordance with the provisions of the Act and then sent to the Public Analyst who reported the sample to be deficient in the fat contents by 38% and in the non-fatty solids by 32%. Sanction was obtained from the concerned Chief Medical Officer and then the prosecution launched.

(3.) Before the trial Court, the prosecution examined the Food Inspector and one other witness. The applicant on the basis of the evidence led by the prosecution was found guilty of having committed an offence under Sections 7/16 of the Act and was sentenced to six months R.I. and Rs. 1000.00 fine. Feeling aggrieved, the applicant preferred an appeal which has also been dismissed by the IV Additional Sessions Judge, Saharanpur, on Dec. 12, 1979.