IRSHAD Vs. STATE OF U P

JUDGEMENT

(1.) THIS Is an application In revision by Irshad AH against the judgment and order dated 22-6-11981 of Sri B. K Sharma, IV Additional Sessions Judge, Shahjahanpur by [means of which he dismissed Criminal Appeal No. 87 of 1981 and maintained the conviction of the applicant under Section 7 read with Section 16 of the Prevention of Food Adulteration Act as recorded by Sri Kali Ram, Chief Judicial Magistrate, Shahjahanpur.

(2.) VERY briefly stated the prosecution case was that A. N. Purl Food Inspector took a sample of milk from the applicant on 30-7-1977 at 9.30 a.m. and paid its price. This sample was divided in three parts and filled in three clean phials. Notice in From VI was also served on the applicant. This sample, when sent to the public analyst, was found to be adulterated because the fatty contents In It were 22 per cent, less and the non-fatty solids were 27 per cent less than the prescribed standard. Sanction, therefore, obtained from the Chief Medical Officer and a complaint was filed against the applicant, which has resulted In his conviction as aforesaid.

(3.) THE revision is, therefore, dismissed and the conviction of the applicant and the sentence Imposed on him are: maintained. THE applicant is on bail and shall be taken into custody forthwith to serve out the sentence as has been imposed by the court below. Revision dismissed.