CHAMELI Vs. STATE OF U P

JUDGEMENT

(1.) This revision is directed against the order dated 13th Feb. 1981 passed by Shri R.C. Gupta, II Addl. Sessions Judge, Shahjahanpur in Criminal Appeal No. 308 of 1980 by which the conviction of the revisionist under Sec. 7/16 of the Prevention of Food Adulteration Act was maintained and the appeal was dismissed.

(2.) It appears that the Appellant was found selling she buffalo milk on 1st Sept. 1978 at about 7 A. M. near Ice Factory situate in the town of Powayan on Powayan -Khutar road. The Food Inspector after service of form VI (ex. Ka -1) purchased 660 ml. of milk from her after paying Rs. 1.30 as its price in the presence of one Raja Ram and Sant Ram. The notice Ex. Ka -1 is duly marked by the Food Inspector and the witness and revisionist and payment of the price has been evidenced by receipt Ex. Ka -2 thumb marked by revisionist. The sample was divided into three parts after taking the necessary precautions and adding 18 drops of formalin (preservative) and after sealing one sample was sent to the public analyst for examination on 8 -9 -78; the remaining bottles were deposited with the Chief Medical Officer concerned. The Public Analyst submitted his report No. 2164 on 20 -10 -78 by which it was found that the sample had milk fat 5.2% and the non fatty solids 6%. Thus there was a deficiency of 13% in milk fat and 26% in non fatty solids. According to his report this sample was found adulterated.

(3.) On receipt of this report the Food Inspector wrote to the Chief Medical Officer on 4 -11 -78. A copy of the report was sent by registered post to the revisionist on 9 -11 -78 along with the letter Ex. Ka -12 that she could get the sample analysed by the Director, Central Food Laboratory after making an application to the court concerned within a period of 10 day's from the date of the receipt of the copy of the report. Postal receipt Ex. Ka -11 showing the despatch of this letter through registered post is also on record. The sanction was accorded by the Chief Medical Officer on 6 - -11 -78 and the revisionist was sent up to stand her trial.