KANHAIYA LAL Vs. STATE

JUDGEMENT

(1.) APPLICANT was convicted by a Magistrate First Class for an offence Under Section 7/16 of the Prevention of Food Adulteration Act and sentenced to six months' rigorous imprisonment and to a fine of Rs. 1000/ -. In default of payment of fine, he was to undergo three months' further rigorous imprisonment.

(2.) ON appeal, the conviction and sentence of the applicant were confirmed by the learned Sessions Judge, Gyanpur.

(3.) ACCORDING to the prosecution, Sri Shambhu Prasad Food Inspector took the sample of Pera from the shop of the applicant, which he was exposing for" sale in the Mela at Seetamarhi on 27-6-1966 in accordance with rules. He divided it in three parts, one of which he handed over to the applicant and one was sent to the Public Analyst. The Public Analyst reported that the milk fat contents in the sample was less than. 5 per cent. , which is the minimum limit prescribed under law. Accordingly, the applicant was prosecuted and has been convicted and sentenced as stated above