RAM SINGH Vs. STATE

JUDGEMENT

(1.) This revision was admitted on the question of sentence and it is directed against the sentence and conviction awarded to the accused - revisionist under sections 7/16 of the Prevention of Food Adulteration Act to undergo three month's R.I. as well as to pay a fine of Rs. 500.00 or, in default to undergo three months R.I. more.

(2.) Briefly stated, the prosecution story is that Sri R.N. Dubey, Food Inspector, Municipal Board, Etawah, on his usual round found the revisionist selling cow milk on 8th Sept., 1970, at about 8.30 p.m. in mohalla Takia, P.S. Kotwali. The inspector disclosed his identity and purchased 660 Mis. of the aforesaid milk from the accused-revisionist by way of sample, and after giving usual price, obtained a receipt and also gave a notice in waiting to the accused. The sample was divided in three parts and it was put in separate phials which were sealed properly. Thereafter, the sample was sent to the public analyst for report. The report of the public analyst was that the sample was adulterated. Thereafter, a proper complaint was filed in the court of (he Committing Magistrate who took cognizance of the same and asked the revisionist to stand his trial under Sec. 7/16 of the Prevention of Food Adulteration Act.

(3.) The defence of the accused was that he was taking 3 or 3-1/2 kgs. of milk to Sri Din Dayal in mohalla Dhankutti in connection with a Katha. He, however, admitted that he received a sample phial of milk as well as price of the milk paid by the inspector.