KARUNA SHANKER Vs. STATE OF U.P.

JUDGEMENT

(1.) This is a revision against a judgment and order of the learned Sessions Judge, Farrukhabad, dismissing an appeal of the applicant Karuna Shanker and affirming his conviction under Sections 7/16 of the Prevention of Food Adulteration Act and sentence of 6 months R.I. and line of Rs. 1000.00.

(2.) The prosecution case was that on 30th Nov., 1977, at 10.00 A.M. the Food Inspector, R.B.L. Sagar, found the applicant Karuna Shanker carrying about 40-50 litres of milk on a cycle near Chandpur School. After giving him a notice in form No. 6, the Food Inspector purchased 660 mililitres of milk for analysis by the Public Analyst and paid Rs. 1.32 p. He obtained a receipt for the price paid and divided the sample into three parts and added 18 drops of formalin to each part of the sample and sealed the same. He sent one of the samples to the Public Analyst for analysis, who reported that the milk was adulterated,

(3.) After obtaining the usual permission of the Chief Medical Officer, the Food Inspector made a complaint against the applicant. The applicant was, accordingly, tried for the offence under Sections 7/16 of the Act and was convicted and sentenced as already mentioned.