WALI MOHAMMAD Vs. STATE

JUDGEMENT

(1.) The applicant Wali Mohammad has been convicted under Sec. 7/16, Prevention of Food Adulteration Act and sentenced to six months' R.I. and a fine of Rs. 1000.00, in default further R.L for 11/2 months.

(2.) The prosecution case was that on 25-4-1978 at about 10 A.M. the applicant was found having in possession for sale adulterated curd in village Ajitpur in district Rampur. A sample of the curd taken by the Food Inspector was found by the Public Analyst per his report dated 30-5-1978 to contain only 1.50 per cent fat and 5.82 per cent non-fatty solids which substantially falls short of even the prescribed standard for goat milk curd which is the lowest of all kinds of milk, that standard being 3 per cent fat contents and 9 per cent non-fatty solids. The applicant's case was that he did not have any curd for sale and was carrying only some Muttha or butter milk to a relation for preparation of Karhi on the occasion of a marriage feast. The applicant even examined a witness in support of this plea. Both the courts below have rejected this plea and held on the evidence of the Food Inspector that the applicant was indeed having curd for sale in his possession. There is no infirmity in this finding that can justify interference in revision.

(3.) No other legal defect in the conviction could be pointed out. The conviction must, therefore, stand.