RAM SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This revision has been preferred against the judgment and order dated 08.07.1988 passed by the IIIrd Additional Sessions Judge, Fatehpur in Criminal Appeal No. 16 of 1986 upholding the order of Special Magistrate, Fatehpur dated 19.02.1986 in Case No. 382 of 1986 convicting and sentencing the accused under section 7/16 of the Prevention of Food Adulteration Act to undergo six months' rigorous imprisonment and a fine of Rs. 1000/- with defaulting clause.

(2.) Brief facts of the case are that on 07.12.1982 at about 10.00 a.m. Food Inspector Sri H.S. Bajpayee checked the accused Ram Singh on G.T. Road, Khaga. He was carrying 8 lts. of milk on his bicycle for sale. The Food Inspector introduced himself and gave a notice to the vendor Ram Singh and got a receipt of the notice duly signed by the accused. On suspicion of adulteration of the mixed cow and buffalo milk, the Food Inspector purchased 660 ml. of milk for analysis and paid Rs. 1.70/- for the same. He got payment receipt from the accused and got the signature of the witness also. He divided the milk and filled it equally in three clean, dry and empty bottles, added formaline as required under rules and pasted label on the sample. Thereafter the bottles were sealed. After this the sealed bottles were wrapped in paper and code was pasted. All the proceedings were done in the presence of the accused. One bottle of sample along with a copy of Form No. 7 was kept in sealed parcel and sent to Public Analyst, Varanasi on 08.12.1982 through registered parcel with the copy of Form No. 7 which contained specimen seal used in the sample which was sent separately to the Public Analyst, Varanasi. the remaining two bottles along with the copy of Form No. 7 were deposited in a sealed packet in the C.M.O. Office. The Public Analyst vide his report dated 24.01.1981 declared the milk to be adulterated as he found milk fat 9% and milk non-fatty solids 36% less than the prescribed standard. After receipt of the report of the public analyst the Food Inspector prepared a report and presented it alongwith all the relevant papers to the Chief Medical Officer for his sanction. The Chief Medical Officer perused the papers and sanctioned the prosecution and passed an order for filing complaint accordingly. The Food Inspector filed a complaint in the Court and sent copy of the report of the Public Analyst to the accused along with covering letter of the Chief Medical Officer under registered cover through the CMO Office.

(3.) The witnesses under section 244 Cr.P.C. were examined.