ABDUL QAYUM Vs. STATE

JUDGEMENT

(1.) Abdul Qayum has preferred this application in revision against the order, dated 30th Oct., 1975, of Sri P.K. Agarwala, Additional Sessions Judge, Bijnor, allowing the appeal only in part and upholding the conviction of the applicant under Sec. 7 read with Sec. 16 of the Prevention of Food Adulteration Act (hereinafter referred to as the Act), but reducing his sentence to two months' rigorous imprisonment from a sentence of six months' rigorous imprisonment and a fine of Rs. 1,000.00 as awarded by the learned Magistrate.

(2.) It appears that Sri Bhatnagar, Food inspector (P.W. 1) detected the applicant carrying milk. When he was stopped and an enquiry was made, he stated that the milk was meant for sale at Nehtaur. A notice was given by the Food Inspector for taking a sample of milk and 660 grams, of milk was purchased on payment of ts price. Required quantity of formalin was added to each of the three phials in which the sample milk was divided. One phial was sent to the Public Analyst, one was given to the applicant and one was retained in the Office of the Nagar Swasthya Adhikari, Bijnor. The report of the Public Analyst showed that the milk was found deficient in fatty contents being about 8 per cent and its non-fatty contents by about 14 per cent, meaning thereby that it was adulterated.

(3.) The defence of the applicant was that the milk was not meant for sale. Two witnesses Khairati Shah (D.W. 1) and Azhar Husain (D.W. 2) were examined on behalf of the defence.