RAM SINGH Vs. STATE OF U.P.

JUDGEMENT

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

(2.) The prosecution case was that on 28th of April, 1977 at 10 a.m. Food Inspector, Amrik Singh Baweja, found the applicant selling cow-milk in front of premises No. 127/27 Hamirpur Road, Police station Juhi, District Kanpur. After disclosing his identity and giving him a notice that he was Food Inspector and that he wanted to take a sample for the purpose of analysis, he purchased 660 ml. cow milk from the applicant and paid a sum of Rs. 1.31 p. for the same. He obtained receipt for the price of the sample milk, divided the sample milk in three parts and sent one of them, after having duly sealed it, to the Public Analyst. The Public Analyst found that the sample milk contained 3.7% of milk fat and 7.9% of non-fatty solids and that it was adulterated being 12% less in non-fatty solids. A complaint was accordingly made against the applicant.

(3.) The prosecution examined Food Inspector Amrik Singh Baweja and S.K. Joshi. The courts below relying upon their testimony convicted and sentenced the applicant as already stated.