VIJAI SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The applicant was convicted by the trial court under Sec. 7/16(l)(a) of the Prevention of Food Adulteration Act and sentenced to undergo R. I. for a period of six months. He was also sentenced to pay a fine of Rs. 1100.00 and in default of payment thereof to serve further simple imprisonment for a period of three months. His conviction and sentence were upheld in appeal.

(2.) Learned counsel appearing for the revisionist has contended that in the instant case there was admittedly non-compliance with the requirements of R.I. 9(J)of the Rules framed under the U. P. Prevention of Food Adulteration Act and consequently the conviction of the applicant was unsustainable. The sample of milk which was found to have been adulterated was purchased by the Food Inspector from the applicant on the 3rd May, 1974. A portion of it as required by law was sent for analysis and report to the Public Analyst. The report of the Public Analyst was received by the Food Inspector on or before 16th Sept., 1974. It has been found by the court below that a copy of the report was dispatched to the applicant on the 1 the Oct., 1974. R.I. 9(J) of the Rules is in the following term:-

(3.) For the reasons given this revision succeeds and is hereby allowed. The conviction and sentence awarded to the applicant are set aside and he is acquitted of the offence of which he was charged. The applicant is on bail. He need not surrender. His bail bonds are hereby discharged. Fine, if realised from him shall be refunded to him. Revision allowed.