RAM PRASAD Vs. THE STATE OF U.P.

JUDGEMENT

(1.) This is a revision by Ram Prasad against his sentence and conviction to undergo six months rigorous imprisonment as well as fine of Rs. 1C00 or in default to undergo rigorous imprisonment for six months more under Sec. 7/16 of the Prevention of Food Adulteration Act.

(2.) The prosecution story is that on 21-7-1977 at about 1.00 P.M. noon the Food Inspector Shri P. D. Srivastava found Ram Prasad selling milk. He purchased 660 mis. for Rs. 1.50 Paise. Certain relevant documents were prepared. The sample was divided into three parts and each part, after adding relevant quantity of formalin, was kept in a phial. The phials were sealed and stoppered and one of the samples was sent to the public analyst. The-report of the public analyst was that on the basis of standard for milk for she-buffalo, the sample was deficient in fatty solids, by 4.3 percent and in non-fatty solids by 7 percent. A copy of the report was sent to the accused and after obtaining sanction a complaint was filed in the court of the Magistrate, who took cognizance and summoned the accused to stand his trial under Sec. 7/16 of the Prevention of Food Adulteration Act. The defence of the accused was denied.

(3.) The learned Magistrate found that the prosecution story was fully made out and as such he sentenced and convicted the accused as above. Feeling aggrieved, the accused went up in appeal but the learned Sessions Judge rejected the appeal and that is how he has come up in revision to this Court.