BADAM SINGH Vs. STATE AND ANOTHER

JUDGEMENT

(1.) This revision is directed against the order dated 13.9.1983 recorded by learned 3rd Addl. Sessions Judge, Farrukhabad who dismissed Criminal Appeal No. 372 of 1982 and affirmed the order of conviction under Sec. 7/16 of Prevention of Food Adulteration Act of the revisionist by Sri V.K. Maheshwari, learned Vth Judicial Magistrate, Farrukhabad in Case No. 30 of 1981 dated 24.9.1982. The revisionist was sentenced to six months R.I. and a fine of Rs. 1,000 and in default of payment of fine revisionist was ordered to undergo three months R.I.

(2.) Briefly the prosecution story was that on 14.9.1978, Food Inspector Sri Raja Ram Verma found the revisionist carrying milk for sale in village Samdhan on Fariukhabad read at 9 a.m. The Food Inspector disclosed his identity by serving a notice in Form VI Ext. Ka-1 on revisionist who gave out the milk as buffalo milk. In presence of Anil Kumar 660 ml. milk on payment of Rs. 1.50 was purchased by the Food Inspector from revisionist vide receipt Ext. Ka-2 executed by the revisionist. After compliance of necessary 'or maltiest, one phial of sample was sent to Public Analyst who found fat 5.3 per cent, and non-fatty contents 6.5 per cent. Milk was deficient in fat contents by 42 per cent, and non-fatty solids by 28 per cent vide report Ext. Ka-4 dated 5th Sept., 1978. All the necessary papers were laid before the Chief Medical Officer Sri S.N. Sahai by the Food Inspector who accorded requisite sanction, Ext. Ka-5. Sri Khusi Ram Varma. P.W. 2, on the direction of Chief Medical Officer sent a copy of the report of Public Analyst alongwith his letter Ext, Ka 8 to revisionist at his correct address through registered post vide Ext. Ka-7 to get the sample re-analysed by the Director of Central Food Laboratory under Sec. 13(2) vide letter Ext. Ka-8.

(3.) Complaint was filed against the revisionist who denied the sale and sampling and the receipt of the letter of Chief Medical Officer and had nothing to add.