KUNDAN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This is an application in revision by Kundan Singh against the judgment and order of Sri K.S. Sukhra, V Additional Sessions Judge, Jalaun at Oral dated 4-3-1981 in Criminal Appeal No. 182 of 1980 by means of which he confirmed the conviction of the applicant under Sec. 7/16, Prevention of Food Adulteration Act and maintained the sentence of six months R.I. and a fine of Rs. 1,000.00 passed on him by Sri R.A. Katiyar, Judicial Magistrate, Jalaun at Oral.

(2.) It was alleged that on 31-3-1979 at about 8 A.M. the applicant was found selling mixed milk of cow and goat near Octroi post on Station Road, Oral. The Food Inspector Sri B.D. Doharey after observing the necessary formalities purchased 7.50 ml. of this milk, sealed it in three clean bottles and one of these when sent to the Public Analyst was found to contain 5.30% of milk fat and 7.2% of non-fatty solids. The non-fatty solids were thus 15% less than the minimum prescribed. Therefore, after obtaining the necessary sanction from the Chief Medical Officer the applicant was prosecuted and has been convicted as aforesaid,

(3.) The first point raised by the learned counsel for the applicant was that the sanction given in this case for the prosecution of the applicant was only a routine sanction and the Chief Medical Officer did not apply his mind before he gave this sanction. I am unable to accent this because a number of papers were produced before the Chief Medical Officer. There was evidence to show that these papers were produced before him, he made an endorsement on each of these papers and than ultimately he gave the sanction by writing out in his own hand "papers seen. Sanction for prosecution accorded. It is true that this sanction was given on a printed form which was filled up by somebody other than the Chief Medical Officer but since there is a printed form for the purpose it was bound to have been used and because in this case all possible evidence was given to show that the papers were seen and then the sanction was accorded it can not be said that the sanction was merely a routine sanction and the Chief Medical Officer d;d not apply his mind before according this sanction.