RAJ SINGH Vs. STATE

JUDGEMENT

(1.) This revision against the order of conviction passed by the Magistrate under Sec. 7/16 of the Prevention of Food Adulteration Act sentencing and convicting the revisionist to undergo six months/R.I. as well as to pay a fine of Rs. 1000.00 or in default to undergo further three month's R.I. was admitted only on the quantum of sentence.

(2.) Before coming to the question of sentence, the prosecution story may be briefly stated thus. The Food Inspector S.K. Nigam reached the shop of the revisionist on 29th June, 1971, at about 1 p.m. The shop was situate at Baghpat Gate, Meerut. The revisionist was found selling milk at his shop. The Food Inspector disclosed his identity and upon his enquiry he was told that the milk was admixture of cow and buffalo milk in equal proportions. The Food Inspector purchased 660 M.L. of quantity and paid a sum of Rs. 1.12. p. to the shopkeeper telling him that the sample was being taken for analysis. Thereafter, the sample was put in there separate phials to which 18 drops of 40 per cent formalin in each phial were mixed. Thereafter, the phials were properly sealed. The notice Ext Ka-1 was given to the accused and his signatures as well as the signatures of the public witnesses were duly taken who were also present on that occasion. Receipt Ext Ka 2 was taken from the accused for the price paid. Thereafter, one of the sealed phials was sent to the Public Analyst, Lucknow, for report. The report of the Public Analyst was that non-fatty contents were deficient by 25 per cent. On receipt of this report, the District Medical Officer of Health complained to the Magistrate concerned, and on receipt of the complaint the accused revisionist was summoned and asked to stand his trial under Sec. 7/16 (i) (ii) of the Prevention of Food Adulteration Act.

(3.) The defence of the accused was that he did sell mixture of cow and buffalo milk in equal proportions on the relevant date at his shop. He, however, contended that he was not present when the sample was taken and that when he came back, he found the sample and the phial sealed. He was forced to sign the relevant documents. He admitted his signatures on Exts. Ka-1 and Ka-2.