RAM DHANI Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal has been filed by Ram Dhani who was convicted under section 7 read with section 16 (1)(a) of the Prevention of Food Adulteration Act and sentenced to rigorous imprisonment for one year and a fine of Rs. 1,000/-.

(2.) ACCORDING to the prosecution case Food Inspector Narendra Nath Singh intercepted the appellant on 16-10-1975 at 10.45 A. M. in mohalla Brahma Sthan in Azamgarh town. He was carrying on bicycle a container containing buffalo milk for sale. The Food Inspector Sri Narendra Nath Singh gave a notice in Form No. 6 for taking his sample for analysis by the Public Analyst. He accordingly purchased 750 grams of buffalo milk after paying its price Rs. 1.50 to the appellant. The sample was divided into three parts and 16 drops of formalin were put in each sample. The samples were duly sealed. One of them was given to the appellant, another was retained in the office of the Medical Officer of Health, Azamgarh, and third was sent to the Public Analyst. The Public Analyst reported milk fat 1.2% and non-fatty solids 1.8%. The sample was thus deficient by 80% in fatty contents and deficient by 10% in non-fatty solids. This was much below the percentage of fat and non-fatty solids required by the provisions of the Prevention of Food Adulteration Act and rules made thereunder. The prosecution claims that the report of the Public Analyst was sent by Registered post to the appellant. A complaint was thereafter filed after obtaining sanction of the Medical Officer of Health, Azamgarh.

(3.) THE learned counsel for the appellant has contended that the learned Sessions Judge committed an error by relying on the sole testimony of the Food Inspector and in view of the mandatory nature of the rule 9 (j) of the Food Adulteration Rules the conviction of the appellant cannot be maintained.