BABUNANDAN Vs. STATE

JUDGEMENT

(1.) Babunandan appellant has filed this appeal against the judgment and order dated 28-9-1977 passed by the Vth Additional Sessions Judge, Azamgarh convicting him under Sec. 7/16 of the Prevention of Food Adulteration Act and sentencing him to six months R.I. and to a fine of Rs. 1000.00 and in default of its payment to two months further R.I.

(2.) The prosecution case in brief was that on 7-1-1976 at about 10-30 A.M. the appellant was found carrying buffalo milk for sale in mohalla Maraya in the town of Azamgarh. Narendra Singh, Food Inspector stopped him and after disclosing his identity purchased ''50 grams of buffalo milk on payment of Rs. 1.50 Paisa. It was done after serving requisite notices and in the presence of witnesses. The milk was divided in three equal parts and was placed in three phials with 18 drops of formalin in each phial. One phial of sample was sent to the Public Analyst for analysis. He reported that it contained 6.8% milk fat and 6% non fatty solids. In this manner in the opinion of the Public Analyst the sample lacked in non-fatty solids by 33%. After obtaining the requisite saction of the District Medical Officer of Health, the Food Inspector filed a complaint against the appellant.

(3.) The appellant denied the said charge and gave out that he was not selling any milk. According to him, his wife was ill and his son employed at the tea shop of Kansoor was bringing the residue milk of the shop for feeding his sons daughter as his wife was dead. The Food Inspector took sample from that milk. He also gave out that Munni Ram, a safai Jamadar, was inimically disposed towards him and got him implicated in this case.