SWAMI DIN Vs. STATE

JUDGEMENT

(1.) SWAMI Din has been convicted under Sections 7/16 of the Prevention of Food Adulteration Act and sentenced to six months rigorous imprisonment by the First Class Magistrate Banda. He filed an appeal which has been dismissed by the Sessions Judge, Banda on 28. 8. 1970. He has now come to this Court in revision.

(2.) THE prosecution case is that on 21. 12. 1968 at about 11. 30 a. m. Food Inspector Sri K. N. Srivastava found the applicant exposing for sale a mixture of cow and buffalo milk. After giving due notice to the accused Swami Din the Food Inspector purchased 660 Millilitres of milk from him on payment of 66 paise. He added form a line to the sample of milk, divided it into three parts, put it into three separate phials and sealed the same. He obtained the endorsement of Swami Din on form No. 6 with respect to the purchase of the sample of milk for analysis. One of the said phials was given to the accused and out of the other two phials one was retained by the Food Inspector and the other was sent to the Public Analyst, U. P. Lucknow for his analysis and, report. The report of the Public Analyst disclosed a deficiency of 18 per cent in the non-fatty solid contents The necessary sanction was obtained from the District Medical Officer of Health and the accused was duly prosecuted. On behalf of the prosecution two witnesses were produced to prove the charge, viz. , Sri K. N. Srivastava (P. W. 1) the Food Inspector and Angad (P. W. 2), a shopkeeper.

(3.) THE accused denied having ex-posed for sale or having sold the sample of milk to the Food Inspector. He, however, admitted his signatures on notice Ex. Ka. 1. No witness was produced in defence.