RIYAZUDDIN Vs. STATE OF U.P.

JUDGEMENT

(1.) This is an application in revision by Riyazuddin against the judgment and order of Sri S.K. Saksena, VII Additional Sessions Judge, Meerut, by means of which he upheld that conviction of the applicant under Sec. 7/16 of the Prevention of Food Adulteration Act and confirmed I the sentence passed on him by the Judicial Magistrate, I Class (Court No 6) Meerut.

(2.) Briefly stated the facts involved in this case were that on 7.4.1977 at about 11 a.m. Sri Ved Prakash Verma, Food Inspector, found the applicant selling buffalo milk in village Dutt Nagar, Police Station Pilana district Meerut Suspecting the milk to be adulterated he purchased 660 mill-litre of this milk after giving a notice to the applicant and sealed it in three clean bottles after mixing formaline as preservative. One of these was sent to the public analyst and on analysis it was found that there was deficiency of 7 per cent of fatty and 19 per cent of non-fatty solids. Sanction of the Chief Medical Officer, Meerut, was therefore, obtained and after prosecution the applicant has been convicted as aforesaid.

(3.) The first point raised by the learned counsel for the applicant wat that in this case the sanction given by the Chief Medical Officer was a routine sanction and it was not indicated that there was any application of mind before according this sanction. From the papers it seems that the Food inspector sent all the relevant papers to Chief Medical Officer, since they were sent, they were bound to have been received in the office of the Chief Medical Officer and then the sanction was typed out and signed by the Chief Medical Officer. Since this sanction was not given on a printed form, but was given, may be after dictation, by the Chief Medical Officer himself, it cannot be supposed that there was no application of the mind and the sanction given was in any way invalid.