MOOL CHAND Vs. STATE OF U P

JUDGEMENT

(1.) This is a revision against the judgment and order dated 18.9.1986 passed by Sri N.S. Shamsheri then Additional Sessions Judge /Special Judge , Meerut in Criminal Appeal No. 140 of 1985, Mool Chand Vs. State of U.P. and another.

(2.) The facts relevant for disposal of of this revision are that on 4.10.81 Mr. O. P.Agarwal then Food Inspector, Meerut took a sample of curd from the appellant who was selling it claiming to have been made from buffalo milk. The sample was sent to the Public Analyst who reported that the sample was deficient in non-fatty solids by 9%. Then a complaint was filed against him by the Food Inspector after obtaining sanction from the Chief Medical Officer , Meerut. A copy of the report of Public Analyst was sent to the accused from the office of the C.M.O. by registered post. However, no steps were taken by the accused for re-examination of the sample.

(3.) The accused pleaded not guilty. He was charged under section 7/16 (1)(a)(i) of the Prevention of Food Adulteration Act ( hereinafter referred to as the Act). The prosecution examined Mr. O. P. Agarwal, Food Inspector as P.W. 1 and Mr. Budh Prakash Sanitary Supervisor, Nagar Maha Palika as P.W. 2 who was an eye witness of taking sample of curd . No other evidence was produced by the prosecution. The accused denied prosecution case in his statement under section 313 Cr.P.C. but did not produce any defence evidence.