KRISHNA NARAIN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THIS revision has been filed by Kishan Narain against his conviction under Section 7/16 of the Prevention of Food Adulteration Act and sentence of six months' R. I. and a fine of Rs. 1,000. 00 awarded to him for the offence. Along with Kishan Narain. one Ram Gopal was also prosecuted, but he was acquitted by the trial Court.

(2.) THE case for the prosecution, in brief, was that a complaint had been received from the Civil Surgeon in the Municipal Board (Health Section) to the effect that the milk supplied to the Women's Hospital, the local District Hospital, T. B. Hospital and District Jail by and on behalf of the contractors was of substandard quality and adulterated. On this complaint being received the authorities directed Sri R. N. Dube. the Food Inspector to do the needful and check the milk. On 22/7/1969 at about 11 A. M. . the Food Inspector went to the Women's1 Hospital and saw Ram Gopal coming with milk and delivering it into the hospital mess to the Mess-Incharge. Paras Ram Gupta. On his coming out of the mess he asked Ram Gopal to give a sample of milk to him. The sample was taken by the Food Inspector. He paid 75 paise as price of 660 millilitre milk. Thereafter the milk was divided into three parts and sealed in three bottles. One bottle was given to Ram Gopal, and another was sent to the Public Analyst for analysis. It was found to contain 3,5% fat and 4. 6% non-fatty solids. The sample judged by the standard for cow milk was thus deficient in non-fatty solid contents by about 56%.

(3.) AT the time the sample was taken Ram Gopal gave out that he had brought the milk for supply on behalf of Kishan Narain who was the contractor and the supplier. It was on this basis that the notice was given to Ram Gopal as delivering the milk on behalf of Kishan Narain.