NAWAL SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) NAWAL Singh, revisionist, was convicted and sentenced by Sri B. Lal, Chief Judicial Magistrate, Bulandshahr, on 8-9-1980 in Criminal Case No. 1140 of 1979 for offence under section 7/16 of the Prevention of Food Adulteration Act to six months' RI and fine of Rs. 1,000/- or, in default of payment thereof, to further 4 months' RI. His Criminal Appeal No. 156 of 1980 was dismissed by Sri R. P. Singh, Vuh Additional District and Sessions Judge, Bulandshahr on 29-7-1981 and the sentence imposed upon him was confirmed. NAWAL Singh has, therefore, filed the present criminal revision.

(2.) HIS above conviction and sentence arose out of an incident of 15-5- 1977 when the Food Inspector had taken a sample of milk which was subsequently found adulterated by the public analyst inasmuch as the milk sample was found deficient in non-fatty solids by 12 per cent.

(3.) LEARNED counsel for the revisionist: has submitted that Nawal Singh, revisionist, in his statement under section 312 CrPC recorded on 13-6-1980 gave out his age as 18 which fact was not challenged by the prosecution, so on the date of the offence, i. e. on 15-5-1977 he was a minor boy of 15 only. LEARNED counsel argued that the appellant should be given the benefit of section 20-AA of the Prevention of Food Adulteration Act. The said section runs as follows: