JAI BALLABH Vs. STATE OF U.P

JUDGEMENT

(1.) The applicant has been convicted under Sec. 7/16 of the Prevention of Food Adulteration Act by the Additional District Magistrate, 1st Glass, Almora and sentenced to three months R.I. and a fine of Rs. 500.00. His conviction has been upheld by the Sessions Judge but the sentence of imprisonment imposed upon him has been reduced to two months R.I. The sentence of fine however has been maintained, hence this revision.

(2.) According to the case for the prosecution, Sri Harish Chandra Bhist, Secretary of the D. S. S. & A. Board Almorah had complained to the President of the Municipal Board that the quality of milk which was being supplied by the milk dairy has deteriorated considerably. On this report, the President directed Sri Goel, Food Inspector to visit the dairy for inspection. On 3rd Aug., 1969 at about 9.45 a m. the Food Inspector accompanied by Sri Harish Chandra Bhist reached the dairy. According to the case of the prosecution, the applicant was selling milk from a can which was kept at the counter. The notice under the Food Adulteration Act was given by the Food Inspector and 660 mis. of toned milk was purchased from him on payment of 0.80 p. This milk was divided in three phials, one of such phial was given to the accused applicant. Analysis by the Public Analyst disclosed that the sample was deficient in fat contents by about 17 per cent and in non fatty solids by about 1 per cent. On this basis, the applicant was prosecuted and convicted as above.

(3.) The defence of the applicant was that the milk in question was in the tonging process and was not ready for sale. He had made such a representation to the Food Inspector at the time the sample was taken but the Food Inspector insisted to take the said sample.