MAMCHAND Vs. STATE

JUDGEMENT

(1.) APPLICANT was convicted by a Magistrate First Class for an offence Under Section 16 (1) (b) of the prevention of Food Adulteration Act and sentenced to six months' rigorous imprisonment and to a fine of Rs. 1000/ -.

(2.) ON appeal, the learned Additional District and Sessions Judge affirmed the conviction and sentence of the applicant.

(3.) ACCORDING to the prosecution on 24-12-1968 Sri Vir Singh. Food Inspector. Municipal Board, Meerut found the applicant hawking' milk for sale within the Municipal limits at about 8. 30 A. M. Applicant was in possession of the licence for selling milk. The Food Inspector asked the applicant to give a sample of his milk. Applicant, however, refused to give the sample and leaving the can of milk at the spot bolted away from the scene. The Food Inspector took the can of milk in possestion, sealed it in the presence of two witnesses and then produced the same in the Court of Magistrate. Subsequently, applicant was prosecuted for preventing the Food Inspector from taking the sample.