GULAB SINGH Vs. STATE

JUDGEMENT

(1.) The facts giving rise to this revision may be briefly stated thus :

(2.) The Food Inspector P.P. Tiwari found the present revisionist Gulab Singh carrying 20 Kg. buffalo milk in two containers in Mohalla Krishnapuri, city of Mathura about 10.30 a.m. on 7th Oct., 1971. He asked for a licence which the revisionist could not produce. Thereafter, he disclosed his identity and then purchased a sample. The quantity of milk w-as 660 m.l. for which he paid 75 paisa. The relevant documents duly witnessed were prepared. The milk was put in three bottles in equal quantity and 18 drops of formalin preservative was added to each bottle. These bottles were labelled and sealed and one bottle was handed over to the revisionist. Another bottle was sent to the public analyst for report. The report of the public analyst was that the sample was deficient in fat content by 9.7% and in non-fatty solids content by 2.5%. It may be noted here that later on during the course of trial, the revisionist requested the trial court to send his sample of bottle to the Director Central Food Laboratory, Calcutta for report. The report of the Director Central Food Laboratory was that the milk fat was only 7% while milk solid non-fat was 7.9%. The Director said that he could not give any opinion about the exact nature of milk on the basis of chemical analysis because it was neither cow milk nor buffalo milk nor skimmed milk. The revisionist was informed of the report of the Public Analyst and thereafter the District Medical Officer (Health) moved necessary complaint in the court of Magistrate on the basis of which the revisionist was asked to stand trial under Sec. 7/16, Prevention of Food Adulteration Act.

(3.) The defence of the accused was that he was not selling milk but was taking it to a patient per request. He also contended that the milk was separata. The learned Magistrate on an appraisement of evidence found that the charge was squarely brought home and as such he convicted and sentenced the revisionist to six months' R.I. and to pay a fine of Rs. 1000.00 and in default, to undergo six months' R.I.