KESHO DEO Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS revision has arisen out of a case under Section 7/16 of the Prevention of Food Adulteration Act.

(2.) ON 21 -12 -70, at about 7.15 A.M., Sri P. P. Tewari Food Inspector Municipal Board, Mathura, found the applicant selling and exposing for sale milk of she -buffalo near General Ganj, Mathura. The Food Inspector asked the applicant to produce the licence for selling milk. The applicant, however, could not produce the same. The applicant was thus found selling milk without a licence. The Food Inspector expressed his desire to take sample of the milk for getting it analysed. The applicant refused to sell any milk to the Food Inspector. The Food Inspector then wanted to take a sample by himself. The applicant would not allow him to do this also and pushed the Food Inspector. Thereafter, he threw the entire milk of the bucket on the ground. At that time the applicant had a measure with him also. The Food Inspector inquired the name and address of the applicant which he gave. The Food Inspector was, however, doubtful about the correctness of the name & address given by the applicant and he, therefore, took him to P. S. Kotwali, Mathura. He had also carried with the empty bucket and the measure of the applicant, and he deposited the same at the Kotwali. The applicant was released after he furnished sureties. His bucket and measure were also given back to him after taking necessary writings from him.

(3.) FEELING aggrieved with the order of the trial Court, the applicant went up in appeal to the Court of Session. The Sessions Judge dismissed his appeal, but under Section 16(1)(b) of the Act, he reduced the sentence to the period already undergone, but maintained the fine of Rs. 1,000/ -. under Section 7(iii) of the Act read with Rule 50(1), he set aside the sentence of one month R.I. and imposed a fine of Rs. 50/ -.