SRI KRISHAN Vs. STATE

JUDGEMENT

(1.) THIS is a revision by Sri Krishan against his sentence and conviction to undergo six months' rigorous imprisonment aswell as a fine of Rs. 1,000/- or in default to undergo rigorous imprisonment for three months more under Section 7/16 Prevention of Food Adulteration Act.

(2.) PROSECUTION case is that at about 11.30 a. m. on September 26, 1977, Sri Krishan was found selling milk near Qaiserbagh Bus Stand in the City of Lucknow. Food Inspector Sri P..D. Srivastava took a sample of milk to the extent of 660 mililitres and paid Rs. 1.50 as price for the same. Relevant papers were prepared in that connection and sample was divided into three parts and formalin in the usual quantity was added to the sample. The sample was sealed and stored and one phial was sent to the Public Analyst for analysis. The report of the Public Analyst was that the sample was deficient in 12 per cent in fatty solids and 2 per cent in non-fatty solids, if she-buffalo's standard was taken into consideration. Thereafter, sanction was accorded by the Nagar Swasthya Adhikari and then a complaint was filed against the accused, on the basis of which he was asked to stand his trial by the Magistrate, who took cognizance of the complaint under Section 7/16 of the Act.

(3.) IT is in these circumstances that a revision has been preferred in this Court.