PREM CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision is directed against the order dated 28-11-1981 recorded by Sri Ruri Mal, learned Sessions Judge, Mainpuri in Criminal Appeal No. 342 of 1980 by which the conviction of appellant under Section 7/16 of Prevention of Food Adulteration Act was affirmed. His sentence of six months R. I was also affirmed but the sentence of fine of Rs. 2000/- was reduced to Rs. 1000/- only and thus the order of learned II Addl. Munsif-Magistrate, Mainpuri dated 5-11-1980 in Case No. 126 of 1980 was modified.

(2.) PROSECUTION case was that on 21-6-1979 Sri V. P. Chaudhari, Chief Food Inspector of Mainpuri PW 1, purchased cow milk weighing 660 Ml. for sampling vide receipt Ext. Ka 2 duly signed by the revisionist and the witnesses. On analysis it was found to contain milk fat 4.0% and non-fatty solids 4.0%. Thus it was deficient in non-fatty solids by 53% vide report Ext. Ka 4 dated 13-7-1979. After obtaining necessary sanction from Chief Medical Officer, Mainpuri revisionist was sent up ; revisionist denied the aforesaid allegation ; learned trial Magistrate believed the testimony of three prosecution witnesses and recorded the conviction and sentence as given above.

(3.) LEARNED Advocates for the revisionist relied upon Shanti Prasad v. State, 1978 ACrR 452. In that case Food Inspector did not make any attempt at all to procure the attestation by independant witnesses who were available on the spot. Under the circumstances it was held that attestation by a person who was amenable to his influence was not sufficient compliance of the obligation cast on the Food Inspector. This ruling is not in point.