RAJENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision under Sections 297/401 of the Code of Criminal Procedure has been preferred by Rajendra Singh against the judgment of the Sessions Judge, Fatehpur, dated 3rd November, 1981, upholding his conviction by the Chief Judicial Magistrate, Fatehpur by his judgment dated 7-8-1981, convicting him under Sections 7/16 of the Prevention of Food Adulteration Act and sentencing him to six months' R. I. and a fine of Rs. 1000/-.

(2.) ON October 31, 1979, at about 9. 45 a. m. Hari Shanker Bajpai, Food Inspector (PW 1), found Rajendra Singh applicant carrying on his cycle milk in iron cans. The Food Inspector disclosed his identity and purchased 660 ml. on payment of price. After dividing the sample obtained into three parts, Hari Shanker Bajpai sent one of them to the public analyst for his opinion. Admittedly, milk obtained was mixed milk of cow and buffalo. Even on the cans it was written "Mishrit Doodh Gai Bhens". The Public Analyst on analysis found milk to be adulterated as it was deficient in non- tatty solids contents by 21%. His analysis was that fat contents in milk was 5.4% whereas non-fatty solids was 6.7%. The standard of mixed milk as given in Schedule B to the Prevention of Food Adulteration Act is 4.5% fat and 8.5% non-fatty solids.

(3.) THE accused-applicant pleaded not guilty and attributed his false implication due to enmity. He stated that milk was not for sale and that he was taking it to his Nanihal where Satyanarayan Ki Katha was arranged.