BENI RAM Vs. STATE OF UP AND ANOTHER

JUDGEMENT

(1.) Applicant was convicted by a Magistrate First Class for an offence u/S. 7/16 of the Prevention of Food Adulteration Act and sentenced to six months' rigorous imprisonment and to a fine of Rs. 1000/ -. On appeal, the learned Civil & Sessions Judge, Agra affirmed the conviction of the applicant but set aside the sentence of imprisonment and reduced the fine to Rs. 750/ - only.

(2.) According to the prosecution, applicant was found selling 'Khoya' on 27 -11 -1968 in the City of Agra. A sample of his Khoya was taken by Food Inspector Sri T.N. Gupta (PW 1) according to rules, a part of which was subsequently sent to the Public Analyst for his analysis and report. The report of the Public Analyst dated 15th of January, 1969 indicated that the milk far content was up to the mark but the moisture content was 40 per cent instead of maximum prescribed limit of 28 per cent. The sample of Khoya was sent to the Director, Central Food Laboratory, Calcutta. The report of Director dated 13 -3 -1970 is that the sample was highly decomposed and unfit for analysis.

(3.) At the trial, applicant had admitted that a sample was taken from his 'Khoya' but his case was that he was not exposing it for sale but was carrying it to a relation after purchasing it in the market. He examined one person in defence. The courts below accepted the prosecution case and convicted and sentenced the applicant.