RAM DAS Vs. STATE OF U.P.

JUDGEMENT

(1.) The revisionist -accused has preferred this revision under Sec. 397/401 Cr.P.C. assailing the judgment dated 04.09.1998 passed by Sri L.C. Tripathi, First Additional Chief Judicial Magistrate, Banda convicting him under Sec. 16(1)(A)(1) of Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the "Act, 1954") and sentenced for rigorous imprisonment of one year and fine of Rs. 4,000/ -. In case of non payment of fine the accused -revisionist is further sentenced for six months rigorous imprisonment. He has also assailed the judgment dated 22.09.1998 passed by Sri Awadh Bihari Shukla, District and Sessions Judge, Banda dismissing Criminal Appeal No. 22 of 1998 and confirming conviction and sentence by Trial Court, as detailed above.

(2.) The prosecution case was that Sri V.K. Gandhi, Food Inspector, Naraini, District Banda found accused, Ram Das selling milk on 01.06.1996 at around 11.00 am near Nawab Tonk, Banda, who told, when enquired, that he is selling Cow milk. Accused was carrying two canes on a cycle containing 20 liters of milk for sale at Banda City. The Food Inspector churned the milk and thereafter purchased 600 milliliter milk sample after paying Rs. 4.80, vide receipt (exhibit 2). This milk sample was divided and kept in three dry bottles in equal quantity and after adding 40% formalin (16 drops) the sample was sealed. The people who had collected during process of sample were not ready to witness the sample. The receipt was signed by accused himself and one, Shiv Prasad Awasthi as witness. One part of sample was sent for testing to Public Analyst Lucknow by registered parcel dated 03.06.1996 and rest of samples were deposited in Chief Medical Officer, Banda's (hereinafter referred to as the "CMO") office. The report dated 15.07.1996 sent by Public Analyst shows that milk sample contains 86% less milk fat, meaning thereby milk was adulterated. The Food Inspector sought sanction of CMO for prosecution vide letter dated 10.09.1996, which was granted on 19.09.1996, whereafter complaint was filed by Food Inspector in the Court on 15.10.1996. Notice of Public Analyst report sent to accused under Sec. 13(2) OF PFA, 1954 vide receipt (Exhibit 8). The accused was charged under Sec. 16(1)(A)(1) of Act, 1954 vide case registered as Case No. 669 of 1996.

(3.) In support of prosecution case, Food Inspector, Sri V.K. Gandhi was examined as PW -1, Sri Shiv Prasad Awasthi, employee in the office of CMO, was examined as PW -2 and Sri S.K. Sharma, Junior Clerk in the office of CMO, as PW -3.