HANIF Vs. STATE OF U P

JUDGEMENT

(1.) THIS is a revision against judgment and order of the learned Sessions Judge, Kanpur dismissing an appeal of the applicant Hanif and affirming his conviction and sentence passed by the learned Metropolitan Magistrate, Kanpur. The applicant was convicted of an offence u/S. 16 read with Sec. 7 of the Prevention of Food Adulteration Act and was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs, 1,000/-.

(2.) THE prosecution case was that on 30th of December, 1978 at 7.30 a. m., Food Inspector R. N. Saxena, visited the dairy of the applicant Hanif situated at Vinobha Nagar, Kanpur. He found that: the applicant was selling buffalo's milk. Accordingly after disclosing his identity and giving him a notice in form no. 6 he purchased 660 mis. of milk from the applicant and paid a sum of Rs. 1.66 and obtained a receipt for the same. THE sample milk was divided into three parts, one of which was sent to Public Analyst, Lucknow. THE latter reported that the sample milk contained 5.8% and 7.3% non-fatty solids and that the milk was adulterated when judged on the basis of tie standard of she buffalo milk.

(3.) THE only point which has been urged before me in this case is that the Public Analyst who analysed the sample milk of the applicant had no authority to do so. In this connection it was pointed out that the appointment of a Public Analyst is made under the provisions of Sec. 8 of the Prevention of Food Adulteration Act. THE section provides as follows : "THE Central Government or the State Government may, by notification in the official Gazzete, appoint such persons as it thinks fit, having the prescribed qualifications to be public analysts for such local areas as may be assigned to them by the Central Government or the State Government, as the case may be." Under this section the Public Analyst! is to be appointed by the Central Government or the State Government by a notification in the Official Gazette for such local area as; may be assigned to him. THE expression 'local area' is defined in Sec. 2(7) as 'any area whether urban or rural declared by the Central Government or the State Government by notification in the Official Gazette to be the local area for the purpose of this Act."