RAKESH PAL Vs. STATE

JUDGEMENT

(1.) THIS revision has been preferred against the judgement and order dated 02.08.1988 passed by the learned Additional Sessions Judge, Budaun dismissing the appeal No. 52 of 1987 filed by the revisionist.

(2.) BRIEF facts of the case are that on 24.10.1987 at Budh Bazar, Dataganj, Budaun at about 7.30 a.m. Food Inspector Umrao Singh checked the accused, who was found selling milk and exhibiting the sale of milk. The Food Inspector stopped the witness Shyam Pal Singh in whose presence Food Inspector delivered the notice form No. 6 to the accused and on having doubt purchased 660 mili -litre of milk from the accused on payment of Rs. 2/ - and issued a receipt of the same to the accused. The Food Inspector divided the sample into three parts, filled them in the bottles and sealed them and affixed slip over the three bottles having mixed formalin in all the three bottles. Out of three bottles one sample was sent to the Public Analyst, Lucknow for chemical examination. According to the report of the Public Analyst, Lucknow, 40% fatty solids were found absent in the sample. Thus, the sample was found adulterated. The Food Inspector made a report in this behalf to the Chief Medical Officer to grant sanction to the Food Inspector for prosecuting the accused under section 7(1)/16(1) A of Prevention of Food Adulteration Act.

(3.) THE learned lower court after perusal of the evidence on record found the accused guilty under section 7(1)/16(1) Prevention of Food Adulteration Act and convicted and sentenced him to undergo six months rigorous imprisonment and imposed a fine of Rs. 2000/ - and in default of payment of fine to further undergo two months rigorous imprisonment. Feeling aggrieved the accused filed Criminal Appeal No. 52 of 1987, which was decided by the impugned order dated 02.08.1988, dismissing the appeal.