(1.) This is an application in revision by Vijay Kumar against the judgment and order dated 2.7.1981 of Sri P.N. Lal, Vth Additional Sessions Judge, Muzaffarnagar, by means of which he dismissed Criminal Appeal No. 36 of 1981 and maintained the conviction and sentence of the applicant under Sec. 7/16, Prevention of Food Adulteration Act.
(2.) Briefly stated, the facts of this case were that Deep Singh, Food Inspector, Purqazi, visited the dairy of the applicant in Purqazi, district Muzafarnagar, and took sample of buffalo milk which was stored for sale. This sample on being sent to the Public Analyst was found deficient in fatly and non-fatty solids by 25% and 45% respectively. Sanction of the Chief Medical Officer was, therefore, obtained and the applicant prosecuted resulting in his conviction as aforesaid.
(3.) The applicant had a licence for selling cream and separata milk anil had set up a dairy to prepare cream. His contention was that the buffalo milk found in the dairy belonged to Trilok Chand which he had brought to the dairy to prepare cream out of it and this was not meant for sale. Trilok Chand was also examined as a defence witness and he too confirmed that the milk was his and was not for sale. Three witnesses were taken at the time when the sample was drawn. These were ; Krishna Nand, Hamid and Murtaza Ahmad. Hamid was examined by the Food Inspector and he was the own peon of the Food Inspector and was partisan, but Murtaza Ahmad was examined as a defence witness and he confirmed that the milk belonged to Trilok Chand which he had brought to this dairy to get cream out of it and it was not meant for sale.