RAMNARAIN GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) This is a revision against the judgment and order dated 16/12/1986 passed by Sri Brahma Singh, then learned 1st Addil. Sesssions Judge, Allahabad in Criminal Appeal No. 25 of 1986, Ram Narain Gupta v. State of U.P. and another.

(2.) The facts relevant for disposal of this revision are that on 24/10/1981 at about 3 P.M. a sample of buffalo milk was taken from accused revisionist and it was sent to the Public Analyst for examination and after examination the milk was found adulterated. A complaint was filed against the accused and he was summoned.

(3.) The complainant Food Inspector Sri G.P. Astana examined himself as P.W. 1 and narrated the entire complaint case on oath. Sri O,.P. Srivastava was examined as P.W.2 and Lalit Mohan Srivastava, Khadya Lipik was examined as P.W.3. The accused in his statement under Section 313 Cr. P.C. admitted that the sample of milk was taken from his shop but asserted that it was taken from kettle of tea. No defence evidence was produced by the accused.