RAM SURAT Vs. STATE OF U P

JUDGEMENT

(1.) This criminal revision has been filed against the judgment and order dated 9.6.1989 passed by Sessions Judge, Varanasi in Criminal Appeal No. 17 of 1989 Ram Surat Vs. State of U.P. and another, dismissing the appeal filed by the revisionist against the judgment and order dated 24.2.1989 passed by the Additional Chief Judicial Magistrate, Varanasi whereby the revisionist was convicted under Section 7/16 of the Prevention of Food Adulteration Act (in short 'PFA Act') and was sentenced to undergo six months rigorous imprisonment and to pay a fine of Rs.1,000/- and in default of payment of fine, to further rigorous imprisonment for three months.

(2.) The prosecution case, in brief, is that on 21.8.1986 at about 10 A.M. the accused revisionist was found exposing for sale adulterated buffalo milk on the patri of western Railway Gate, Moghalsarai. The Food Inspector Sri A.L. Tewari purchased 660 mls. buffalo milk from the accused revisionist for the price of Rs.2.65 paise and obtained receipt thereof. The sample was sent to the Public Analyst Lucknow for test. The sample was found deficient in fat contents by about 52% and in non-fatty solid contents by about 30%. After obtaining sanction from the Chief Medical officer the Food Inspector filed complaint against the accused revisionist.

(3.) The trial court framed the charge under Section 7/16 PFA Act against the accused revisionist. The accused revisionist denied the charge framed against him and claimed to be tried.