SOBRAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) -This is an application in revision by Sobran Singh against the judgment and order of Sri O. N. Asthana, IV Additional Sessions Judge, Main - puri dated 6-2-1981 by means of which he dismissed Criminal Appeal No. 244 of 1980 and upheld the conviction and sentence of the applicant under Section 7/16 , Prevention of Food Adulteration Act.

(2.) THE first point raised in this revision was that at the time when the Food Inspector took the sample of goat milk it was kept in a Karahi for boiling and because it is known that every time the milk is kept for boiling some water is mixed with it, therefore, on being examined the non-fatty contents of the milk were found deficient. It is true that whenever a milk is kept for boiling some water is mixed with it, but the water mixed is more or less nominal whereas the non-fatty contents of the milk were found deficient by 22%, which would indicate that the milk examined was very much adulterated. THEn, it was urged that no public witness was taken and the testimony of the Food Inspector and the Supervisor who was of the same department was partisan and could not be accepted. It is true that no public witness was examined though the sample of the milk was drawn from the market but the Food Inspector said that he could not examine any public witness because people in the market did not agree to testimony as witnesses. It is very well known that people in the market do not generally agree to appear as witnasses because of their associations with the person involved and since it was explained why public witnesses were not taken therefore it did not matter that the witnesses were the Food Inspector himself and the Supervisor.