AKTAR RAZA KADRU Vs. STATE

JUDGEMENT

(1.) THIS criminal revision has been preferred against the Judgment and order dated 30.9.1988 passed by the Sessions Judge, Moradabad in Criminal Appeal No. 52 of 1987 partly allowing the appeal setting aside the conviction and sentence under Section 16(1)(a)(ii) and confirming the conviction and sentence under Section 16(i)(a) read with Section 7 of the Prevention of Food Adulteration Act for six months rigorous imprisonment and a fine of Rs.1,000/ - with default stipulation.

(2.) FACTS in brief are that a complaint was filed by the Food Inspector before the trial court in December, 1983. According to the prosecution, on 22.12.1982, Sri Sajjad Ali, Food Inspector Thakudwara went to the shop of the accused at about 2.45 p.m. The accused was having milk in his shop. After introducing himself, the Food Inspector gave a notice to the accused. He informed that it was buffalo's milk. The Food Inspector asked for the licence from the accused, who could not produce any licence. Then the Food Inspector purchased 660 ml milk and paid a sum of Rs.2/ - to the accused. He obtained the receipt. He divided the sample in three bottles and after adding the preservative sealed them and affixed slips on the bottles and sent one of them for analysis to the public analyst. The report was received from the public analyst but the name of the accused was wrongly written. The report was sent back with a letter which was received back after correcting the report. Thereafter, obtaining sanction, a complaint was filed.

(3.) THE accused pleaded not guilty and claimed trial. The sample was again sent for analysis to the Central Food Laboratory Calcutta and a report was received.