RAJANLAL Vs. STATE

JUDGEMENT

(1.) THIS revision has been filed against the conviction of the applicant under S, 7/16 of the Prevention of Food Adulteration Act and the sentence awarded to him is of Rs. 1,000 fine. The case of the prosecution was that on 22-2-1971, the Food Inspector found the applicant selling milk from a container which he was carrying on his cycle. It was said to be cow milk. The Food Inspector after serving the notice required by Rule 12 purchased from him 660 mis. of milk on payment of 0. 60 P. as price. The milk was divided into three phials after adding formalin. One of the samples was sent to the Public Analyst for chemical examination. On the report of the Public Analyst that the milk was deficient in non-fatty solids, the applicant was prosecuted. The accused admitted that the milk was sold to the Food Inspector after notice for sample and was divided into three phials. He claimed, however, that the milk was not adulterated, it was not meant for sale, and was being carried by him for his ailing mother. The accused also admitted his signatures on the receipt for the price paid to him.

(2.) THE prosecution examined the Food Inspector and one Sheo Baran Singh, Sanitary Jamadar, who had witnessed the sale transaction. It also produced in evidence the notice, the receipt and the report of the Public Analyst. According to the Public Analyst, the sample of milk contained fat 3,7 per cent and non-fatty solids 5. 6 per cent. It thus found that the sample was deficient in non-fatty solids contents by about 3 per cent.

(3.) THE accused, in his defence, produced one Pati Ram as a witness to state that the Food Inspector had been forcing the accused to put his signatures and the accused was explaining that he was. carrying the milk for his ailing mo! her. The witness further stated that neither anv sample of milk was taken in his presence nor was the milk sealed in his presence. The courts below have disbelieved the defence evidence. There is no error in their appreciation of this evidence as the accused himself in his statement in court admitted to have sold the milk when demanded by the Food1 Inspector and signed the receipt. There was no suggestion in his statement that he was at all unwilling to make the sale.