MANGOO LAL Vs. STATE

JUDGEMENT

(1.) This revision arises out of the Judgment and order dated March 20, 1972 passed by Vth Temporary Civil and Sessions Judge, Gorakhpur confirming the conviction and sentence recorded against the applicant by City Magistrate, Gorakhpur.

(2.) The facts leading to this revision can briefly be stated as following:-

(3.) On 29th Nov., 1970 at about 7.30 A.M. Sri P.P. Dubey, Food Inspector, Gorakhpur collected sample out of the milk in the possession of the applicant. One part of the sample was sent to the Public Analyst who reported it to be adulterated. A complaint was, therefore, filed for the prosecution of the applicant under Sec. 7 read with Sec. 16 of the Prevention of Food Adulteration Act. The applicant pleaded that he was not carrying the milk for sale but that he was taking it for delivery to Ram Bachan Mall.