SWAMINATH SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Swaminath Singh has filed this revision against his conviction for an offence under Sec. 7(l)/16(l)(a)(I) of the Prevention of Food Adulteration Act (briefly the Act) and sentence of rigorous imprisonment for six months and a fine of Rs. 1000.00.

(2.) On 3rd Aug. 1977 at about 3.20 P.M. Food Inspector Sri M.S. Som visited the shop of the applicant and found milk in a Bhagauna. The Food Inspector purchased a sample of this milk for analysis and complied with the relevant rules. One part of the sample was sent to the Public Analyst, who reported that the sample of milk was deficient by 42% in fat and by 32% in non-fatty solids.

(3.) In the beginning the applicant denied the prosecution story in full. Later on he took-up the stand that he was running a tea stall and the milk was skimmed milk and this fact was conveyed to the Food Inspector. At that stage even, the applicant said that he was not paid the price of the sample milk and it was not put in phials in his presence. He examined two witnesses in defence.