JAI SINGH Vs. STATE

JUDGEMENT

(1.) THE applicant has filed this revision against his conviction under Section 7/16 of the Prevention of Food Adulteration Act and the sentence awarded thereunder. The trial court awarded the sentence of six months' R. I. and a fine of Rs. 1,000. In appeal the sentence of imprisonment was reduced by the learned Sessions Judge to the period till the rising of the court. The sentence of fine was, however, maintained.

(2.) THE prosecution case in brief was that on March 6, 1971 at about 630 P. M. , the applicant was found selling milk purporting to foe cow milk. The Food Inspector after serving a notice on the applicant purchased from him 660 ml. of milk and paid 75 P. as its price. The milk was divided into three parts and was sealed after mixing formalin into three phials. One of the phials was given to the applicant. One was sent for examination to the public analyst and the third was maintained by the Food Inspector.

(3.) THE report of the public analyst showed that the sample was deficient in fat contents by about 17 per cent and in non-fatty solids contents by 24 per cent The vendor was accordingly prosecuted for selling adulterated milk.