RAM SWARUP Vs. STATE

JUDGEMENT

(1.) THIS revision is directed against the judgment and order dated 1-6-1981, passed by the 5th Additional Sessions Judge, Muzaffarnagar, whereby he has confirmed the conviction and sentence of six months' R. I. and a fine of Rs. 1000/- under section 7/16 of the Prevention of Food Adulteration Act.

(2.) BRIEF facts of the case are that on 29-1-1978 at about 8.45 a.m. Food Inspector Nagar Palika, Muzaffarnagar Sri R. K. Goel PW 1 took a sample of 6.60 grams of buffalo milk from the applicant for chemical test on payment of Rs. 1.80. After observing all formalities, the sample was sent to the Public Analyst for report on 30-1-1978, which was received by him on 15-6-1978. The report of the Public Analyst, Ex. Ka-4 dated 8-6-1978 reveals that there was deficiency of 3% in fat and 9% in non-fatty solid contents, which was below the prescribed standard under the Act. Thus the milk was found adulterated. After obtaining sanction, Ex. Ka-6, for the prosecution of the applicant from the local health authorities, a complaint Ex. Ka-5, was filed in the court of the Munsif/Magistrate, Muzaffarnagar on 30-11-1978. A copy of the report of the analysis in Form III along with a letter was sent to the applicant on 7-12-1978 through registered post on the address provided by the applicant at the time of taking of the sample which returned unserved.

(3.) AFTER considering the entire evidence on record the Munsif/Magistrate convicted the applicant and sentenced him to six months' R. I. and a fine of Rs. 1000/- under section 7/16 of the Prevention of Food Adulteration Act, which has been confirmed in appeal by the learned 5th Additional Sessions Judge, Muzaffarnager, hence this revision.