KHEDU Vs. STATE

JUDGEMENT

(1.) APPLICANT was convicted by a Magistrate First Class u/S. 7/16 of the Prevention of Food Adulteration Act and sentenced to three months' rigorous imprisonment and to a fine of Rs. 260/ -. In default of payment of fine he was directed to undergo further rigorous imprisonment for one month. On appeal the conviction and sentence of the applicant were affirmed by the II Addl. District and Sessions Judge, Allahabad; hence this revision. According to the prosecution on 14 -9 -1966 at about 11 a.m. applicant was found carrying 9 seers of milk in two cans near outpost Rambagh in the city of Allahabad. Food Inspector Sri R.B. Seth purchased 3/4 seer of the milk from the applicant on payment of 56 paise as its price. It was kept in three bottles in equal parts according to rules and one of the bottles was sent to the Public Analyst for his examination and report. The report of the Public Analyst indicated that on the standard fixed for the buffalo milk the sample was adulterated.

(2.) APPLICANT pleaded not guilty and alleged that the milk was cow's milk and that he was not taking it for sale.

(3.) LEARNED counsel for the applicant has argued that there is no evidence that the milk which was purchased from the applicant was buffalo's milk. It is urged that report of the Public Analyst shows that the sample when analyzed was found to fulfil the requirements of the standard prescribed for cow's milk under the rules. There is force in this contention.