SABBIR HASSAN Vs. STATE OF U.P.

JUDGEMENT

(1.) The applicant has been convicted under sections 7/16 of the Prevention of Food Adulteration Act and sentenced to 6 months' R. I., and a fine of Rs. 1000.00. His conviction and sentence has been maintained in appeal by the Sessions Judge, Saharanpur. Hence this revision.

(2.) 1 have heard Shri K. Kapoor learned counsel for the applicant and have also perused the impugned orders.

(3.) According to the prosecution case the applicant was taking two Cans of milk on 28-12-1977 when the sample of the same was taken by the Food Inspector at about 8 P.M. in accordance with the procedure prescribed by law. One of the sample phials which was sent for analysis to the Public Analyst disclosed that the milk was deficient in fat contents by 43 percent and in non-fatty solids by 39 percent. After obtaining sanction, the applicant has been prosecuted and convicted, as above.