MAGISTER ALIAS BUDHPAL Vs. STATE OF U P

JUDGEMENT

(1.) UMESHWAR Pandey, J. This Criminal Revision, under Sections 397 and 403 of the Code of Criminal Procedure, has been directed against the judgment and order dated 20-8-1985 passed by the Sessions Judge, Pilibhit dismissing the appeal of the revisionist-accused, Magister @ Budhpal.

(2.) THE brief facts giving rise to this revision are that the accused in the morning of 23-11-1979 was found by P. W. 1 Kripal Singh Kambojh, the Food Inspector, selling cow and buffalo mixed milk. On the suspicion about the milk being adulterated, the Food Inspector purchased 660 ml. of milk and did spot formalities of preparing samples of the same for the purpose of its analysis. Three samples were prepared in separate containers. THE documents exhibits KA-1 to KA-3 were also prepared. One of the samples taken was sent to the Public Analyst, Lucknow who after analysis sent his report exhibits KA-4, in which the milk taken from revisionist-accused was found 24% deficient in milk fat and 26% deficient in non fatty solids. After the receipt of this report, the Food Inspector obtained sanction of prosecution from the local Health Authority/chief Medical Officer and the complaint was filed before the Magistrate.

(3.) I have heard the learned counsel for the revisionist-accused, Sri V. D. Ojha and also the A. G. A. appearing for the respondents.