AKBAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Applicant Akbar has preferred this revision against his conviction u/s. 7/16 of the Prevention of Food Adulteration Act and the sentence of imprisonment of one year R.I. and the fine of Rs. 1,000.00 and in default further R.I. for three months.

(2.) The brief facts are that on 7-2-1970 at about 10 A.M., the applicant was found in Bazar Kalan of Dhampur town, offering for sale buffalo milk. Sample of this milk was taken by the Food Inspector, Sri B.P. Sharma (P.W.1). The sample of milk was reported by the Public Analyst to be adulterated vide his report dt. 28-3-1970 (Ex-6). On the basis of the report of the Public Analyst, the applicant was prosecuted. On the evidence of the Food Inspector, Sri B.P. Sharma (P W 1), Deoki Nandan (P.W. 2) and Brij Mohan Sharma (P.W.3) the magistrate found the applicant guilty and convicted and sentenced him as stated above. On appeal, the learned Sessions Judge by his order dt. 14-5-1971 dismissed the appeal and affirmed the conviction and sentence of the applicant.

(3.) Sri D.N. Wali, learned counsel for the applicant, has submitted that in this revision on merits, he will not be able to assail the findings recorded by the courts below, but since the applicant is a young man, it will not be conducive for the betterment of the applicant to send him to jail for a petty offence of having been found selling adulterated milk. The learned counsel has also submitted that the applicant besides being young is a poor milk vendor and imposition of fine of Rs. 1,000.00 will have untold hardship on the family of the applicant.