JAGTA Vs. STATE

JUDGEMENT

(1.) This is an application in revision by Jagta against the judgment and order dated 31.7.1981 passed by Sri. R.P. Singh, Additional Sessions Judge, Bulandshahar, in Criminal Appeal No. 158 of 1980 by means of which he confirmed the conviction and the sentence imposed on the applicant under sections 7/16 of Prevention of Food Adulteration Act.

(2.) Very briefly stated, the prosecution case was that on 22.8.1978, at about 8-30 A.M. in the morning Sri K. P. Batish, Food Inspector, went to Mohalla Makdoomganj in Khurja and found the applicant selling milk and carrying milk for sale. The applicant had no licence to sell milk. The Food Inspector, therefore, disclosed his indentity, gave notice on Form VI and purchased 750 ml of milk for Rs. 1.50. This was sealed in three clean bottles and one of these when sent to the Public Analyst was found deficient in non fatty solids by 17%. Sanction was, therefore, obtained to prosecute him and complaint was filed against applicant in which he has been convicted as aforesaid.

(3.) The first point raised in this revision was that the mandatory provisions of Sec. 13(2) of the Prevention of Food Adulteration Act had not been complied with in this case, because no proper intimation was sent to the applicant. On the report of the Public Analyst being received a copy of the letter sent to the applicant was proved as Ext. Ka 9 and this was most certainly a very proper intimation in which the applicant was told that with ten days of receipt of this intimation he may apply to the Magistrate concerned to get the sample sent to the Director, Central Food Laboratory for re-analysis. Thus, Sec. 13(2) of the Act was complied with and a proper intimation was sent to the applicant.