GANGA SHARAN SHARMA Vs. STATE OF U. P.

JUDGEMENT

(1.) The applicant has been convicted under Sec. 7/16 of the Prevention of Food Adulteration Act and sentenced to 6 months R. I. and a fine of Rs. 1000.00. In default of payment of fine, he was to undergo further three months R. I. His conviction and sentence has been maintained in appeal by the Sessions Judge. Hence this revision.

(2.) I have perused the impugned order carefully. A sample of milk was taken from the applicant on 13th Dec., 78 at 8.30 A.M. at the crossing of Sitarganj by the Chief Food Inspector. It was sealed in accordance with the procedure prescribed by law Analysis of the sample indicated that the same was deficient in non-fatty contents by 22 per cent. After obtaining sanction the applicant has been prosecuted and convicted as above.

(3.) Both the courts below on a consideration of the evidence on record have come to the conclusion that the guilt of the accused has been fully established. I do not find any illegality or perversity in the findings of fact recorded by them. Even deficiency in non-fatty solids is an offence under the provisions of the Prevention of Food Adulteration Act, wherein standards have been prescribed for different articles of Food including milk. I do not find any merit in this revision, which is hereby dismissed. The applicant is on bail. He shall be taken into custody forthwith to serve out the unexpired portion of the sentence of imprisonment. The record of the case shall be despatched to the court below within 10 days from today. Revision Dismissed.