GULAB Vs. STATE

JUDGEMENT

(1.) Gulab has referred this application in revision against the order, dated 6th June, 1972, of Sri R.B. Lal, Sessions Judge, Mathura, dismissing the appeal and upholding the conviction of the applicant recorded by the learned Magistrate under Sec. 6 read with Sec. 16 of the Prevention of Food Adulteration Act (hereinafter referred to as the Act), but reducing his sentence of six months' rigorous imprisonment to two months' rigorous imprisonment and the fine of Rs. 1,000.00 to Rs. 250.00.

(2.) Sri B.P. Jain, Food Inspector, found the applicant Gulab carrying 20 Kg. milk of she-buffalo in a milk-can on 7th March, 1971, at about 10 00' clock in the morning near Raya Block Office. The prosecution version is that the Food Inspector having disclosed his identity to the applicant served him with a notice under Rule 12 of the Rules framed under the Act and purchased 600 M l. milk for 60 paisa from the applicant and obtained a receipt (Ex. Ka-2) for it. The milk, as usual, was divided in three equal phials, in each of which 16 drops of formalin were added. One bottle was given to the applicant, one was retained in the Office of the Swasthya Adhikari, and one was sent to the Public Analyst. The report of the Public Analyst showed that the milk was deficient in fact contents by 170/0 and in non-fatty solids by 30/0 and hence it was adulterated.

(3.) The applicant denied to have committed any offence and stated in his defence that the Pradhan of his village had taken milk from the dairy at Raya and had given it to the applicant for being carried to village Suraj. He denied to have been either selling milk or to have given the sample of milk to the Food Inspector. He further added that the Food Inspector had taken the sample forcibly and had obtained his signatures and thumb-marks on several papers, and, in fact, no price was paid to him, nor any bottle of sample milk was given to him. Two witnesses were examined in support of the defence.