LALLU SINGH Vs. STATE

JUDGEMENT

(1.) Lallu Singh has preferred this application in revision against the order, dated 9th May, 1972, of the Sessions Judge, Bareilly, dismissing the appeal, and upholding the conviction of the applicant under Sec. 7 read with Sec. 16 of the Prevention of Pood Adulteration Act (hereinafter called the Act) and a sentence of three months' rigorous imprisonment awarded to him.

(2.) The prosecution case, in brief, is that the applicant was found selling milk and he had also in his possession milk for sale at mohalla Beharipur, Bareilly, on 30th Dec., 1970, at about 2 o'clock in the afternoon. The Food Inspector asked for a sample of milk to be given to him on payment of price for the purpose of analysis. The applicant refused to sell the milk, and, having thrown all the milk on the feet of the Food Inspector, in the presence of the witnesses, tried to leave that place. The matter was reported by the Food Inspector to the Medical Officer of Health, and sanction for the prosecution of the applicant was obtained. He was accordingly charged and tried, as above.

(3.) The applicant pleaded not guilty and denied to have either been selling the milk, or that any sample of milk, which he could be said to have been selling, was demanded from him. His main defence was that he was falsely implicated in the case due to wrong address and name being given by some other person than the applicant himself. No evidence in support of the defence was adduced.