LAWS(ALL)-2015-9-255

NATHOO Vs. STATE OF U.P.

Decided On September 04, 2015
NATHOO Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Sri Neeraj Kumar Srivastava, learned counsel for revisionist, learned A.G.A. of State-respondent; and, perused the record.

(2.) The prosecution story, inter alia, is that on 11.11.1979 at about 10.00 AM the accused-revisionist, Nathoo, was found selling milk at Ardali Bazaar, Police Station Cantt., District Varanasi. There was 10 KG of milk in a container with him. Milk was checked by Chief Food Inspector, Sri J.P. Dhuria, who purchased 60 ML of Cow milk as sample on payment of Rs. 75/- after duly serving a notice in Form-6. Thereafter at the spot the milk was divided into three parts, kept in three bottles which were duly sealed. One of the sealed bottle was sent to Public Analyst for analysis and remaining two bottles of sample were kept in reserve in the office of local Health Officer. According to report of Public Analyst, sample was found adulterated. After sending a copy of the said report to the accused-revisionist and obtaining requisite sanction from Chief Medical Officer, Varanasi for instituting complaint, State filed complaint Case No. 5410 of 1984 submitting charge-sheet against the accused revisionist under Section 7/16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as "Act, 1954").

(3.) To prove the offence levelled against revisionist-accused, prosecution examined PW 1, Sri Ram Srivastava, Food Inspector; and, PW 2, Sri Rajendra Prasad, Food Clerk.