RADHEY SHYAM Vs. STATE OF U.P.

JUDGEMENT

(1.) This a revision against a judgment and order of the learned V Additional Sessions Judge, Muzaffarnagar dismissing an appeal of the applicant Radhey Shyam and maintaining his conviction under Sec. 16 read with Sec. 7 of the Prevention of Food Adulteration Act (hereinafter called P.F. Act) and sentence of six months R.I. and fine of Rs. 1,000.00 thereunder. In default of payment of fine he was ordered to undergo rigorous imprisonment for two months.

(2.) The prosecution case was that on 31st of March, 1978 at 11.45 a.m. the applicant Radhey Shyam was selling curd (Dahi) at his shop situate in Mohalla Gaushala in the town of Muzaffarnagar. Food Inspector R.K. Goal gave notice to him that he wanted to purchase curd for analysis by Public Analyst and he purchased 600 grams of curd on payment of Rs. 1.80 p. He obtained a receipt from the applicant, divided the sample curd in three parts, packed and sealed each part separately, and sent one of them to the Public Analyst. The Public Analyst found that the sample curd was adulterated as it contained 1.05% of fat and 11.04% of non-fatty solids. The standard prescribed for curd, prepared from buffalo milk was applied.

(3.) The prosecution examined Food Inspector R.K. Goal and Hari Prakash (PW 2). Both the courts below placed reliance on their testimony and convicted and sentenced the applicant as already mentioned.