KUNWAR PAL Vs. THE STATE OF U.P.

JUDGEMENT

(1.) This is a revision against a judgment and order of the learned II Additional Sessions Judge, Ghaziabad dismissing an appeal of the applicant Kunwar Pal, upholding his conviction under Sec. 16 read with Sec. 7 of the Prevention of Food Adulteration Act and sentence of six months R.I. and fine of Rs. 1,000.00. In default of payment of fine he was ordered to further serve a sentence of three months simple imprisonment.

(2.) The prosecution case was that on 23-6-1976 at 8 a.m. in front of the State Bank of India in the town of Hapur, B.L. Gupta, Food Inspector found the applicant Kunwar Pal carrying cow milk for sale. After giving him notice and disclosing his identity, the Food Inspector purchased 660 mis. of sample milk and divided it in three parts. He paid the price of the sample milk and obtained a receipt from the applicant. One of the parts was sent to the Public Analyst who reported that the sample milk was deficient in nonfatty solids by 16% and, was therefore, adulterated.

(3.) The applicant pleaded not guilty.