NAZIR Vs. STATE OF U P

JUDGEMENT

(1.) THIS appli ­cation in revision has been made by Nazir against the judgment and order dated April 14, 1981 passed by the learned Vth Addi ­tional Sessions Judge of Sitapur in an appeal against conviction and through which the appeal was dismissed and the conviction of the applicant under Section 7|16 of the Pre ­vention of Food Aduleration Act was up ­held. The applicant was sentenced by the trying magistrate to six months' rigorous im ­prisonment and a fine of Rs. 1,000| -, in de ­fault of payment of which he was to under ­go further simple imprisonment for three months.

(2.) THE prosecution case in brief was that the Food Inspector Sri Pratap Shanker Srivastava checked the applicant on July 8, 1977 at about 11 a.m. on Sitapur -Lakhim -pur road in village Hargaon while he was carrying milk in a can and suspecting it to be adulterated he obtained a sample accord ­ing to the rules and having paid the price there for obtained receipts etc. in the pre ­sence of one P.K. Chopra. The applicant had disclosed that it was mixed milk con ­taining 3 shares of cow milk with 2 shares of buffalo milk. On an analysis the milk was found to contain 5.1 per cent milk fat and 6.1 non -fatty solids were deficient by 28 per cent. After completing the formali ­ties for obtaining sanction for prosecution a complaint was filed and copy of the public 'analyst's report was also sent to the appli ­cant.

(3.) THE learned Magistrate believed the prosecution version and convicted the appli ­cant as above. On an appeal being filed the learned Additional Sessions Judge ag ­reed with the findings recorded by the trial court and dismissed the appeal. In this revision it has been contended that the evid ­ence did not establish that the applicant was a milk -vendor or that he was carrying or exposing milk for sale. It has also been contended that the deficiency of 28 per cent in the non -fatty solids as reported was in ­correct.