MUMTAZ KHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Mumtaz Khan has filed this revision application against the judgment and order dated 6-1-1981 passed by the IIIrd Additional Sessions Judge, Shahjahanpur, dismissing his appeal and confirming the conviction under Sec. 7/16 of the P.F.A. Act and sentencing him to six months' rigorous imprisonment and to a fine of Rs. 1000.00 and in default of its payment to three months' further rigorous imprisonment.

(2.) In brief the facts are that on 1-6-1976 G.P. Misra, Food Inspector, Nagar Palika, Shahjahanpur, was deputed to take a sample of milk At 7.15 A.M. he met the revisionist near Dilazek out-post and found him carrying milk for sale. It was mixture of 25% cow's milk and 75% buffalo's milk. After giving requisite notice the Food Inspector purchased 660 Ml. Litres of milk on payment of price and obtained a receipt from the revisionist. The sample was kept in three phials which were properly sealed. One of them was sent to the Public Analyst who examined it and reported that in fat contents it was short by 57% and in non-fatty solids by 31%. The milk was found to be adulterated. After obtaining the requisite sanction of the District Magistrate a complaint was filed against the revisionist.

(3.) The revisionist denied the said charge and gave out that he was not carrying any milk for sale nor any sample was collected from his possession According to him, some other person was carrying the milk and the Food Inspector had taken a sample of his milk. He was asked to sign the papers as a witness As that person ran away the Food Inspector implicated him in this case. He examined one witness in support of it.