MANGROO YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Mangroo Yadav has filed this appeal against the judgment and order dated 17-5-1977 passed by the IV Additional Sessions Judge, Azamgarh, convicting him under Sec. 7/16 of the Prevention of Food Adulteration Act and sentencing him to three years R.I. and to a fine of Rs. 3,000.00 and in default of his payment to six months further R.I.

(2.) Briefly stated the facts are that on 30-12-1975 at about 9-40 a.m, Sri N.N. Singh Food Inspector of the Municipal Board Azamgarh, had found the appellant carrying the container of milk on the carrier of a cycle. He stopped him and made certain inquiries. The appellant told him that he was a milk vendor and was selling buffalo milk at the rate of Rs. 2.00 per Kg. The Food Inspector disclosed his identity and purchased 750 grams of milk on payment of price. The necessary documents were prepared. The milk was kept in three phials in equal quantity after mixing preservative in it. As no person of the locality was willing to be a witness of the sale the Food Inspector could not obtain signature of any public witness. However, his Sanitary Naik and one Dashrath Nath signed those documents. One phial of the sample of milk was sent to the Public Analyst who reported that the milk was deficient by 37% in milk fat and by 30% in non fatty milk solids. The standard prescribed for buffalo milk was applied. In this manner the milk was held to be adulterated. After obtaining the requisite sanction of the D.M.O.H. the Food Inspector filed a complaint against the appellant.

(3.) The appellant denied the said charge and inter alia pleaded that he had not sold any milk to the appellant nor any document was prepared in his presence. He even denied his thumb impressions on the documents.