RAJAN LAL Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision is directed against the judgment and order dated 24-4-1982, passed by the Sessions Judge, Etah, whereby he has upheld the conviction of the applicant under section 16 read with section 7 of the Prevention of Food Adulteration Act and confirmed his sentence of two years' R. I. and a fine of Rs. 2,000/-. In default of payment of fine, he has to further undergo simple imprisonment for 6 months,

(2.) THE relevant facts of the case are that on 22-12-1978, at about 930 a.m., Food Inspector Sri D. L. Yadav (PW 1) purchased 6.60 grams of buffalo milk from the applicant on payment of Rs. 1.32. After completing the formalities, the sample was sent for chemical analysis. On analysis, the Public Analyst found that the milk was deficient about 7% in non-fatty solid contents. After obtaining sanction, Ex. Ka. 6 from the local health authorities, a complaint was filed on 6-10-1979. THE report of the Public Analyst along with a letter of the local health authority was sent on 26-9-1979 about 13 days before filing of the complaint. It is not disputed that the report was not received.

(3.) THE trial Court has rejected all the objections raised on behalf of Rajan Lal, applicant, convicted him under section 7/16 of the Prevention of Food Adulteration Act and sentenced him to 2 year's R. I. and a fine of Rs. 2,000/- in default, 6 month's S. I. which has been affirmed in the appeal as aforesaid.