RAM VISHAL Vs. STATE OF U P

JUDGEMENT

(1.) T. P. Garg, J. Ram Vishal son of Indrapal, resident of Phoolwamau, district Fatehpur has filed the present revision against the judgment and order dated 11-8-1982 passed by the Sessions Judge, Fatehpur, maintaining his conviction under Section 7 read with Section 16 of the Prevention of Food Adulteration Act (hereinafter referred to as 'the Act' and sentence to undergo R. I. for six months and also to pay fine of Rs. 1,000 or in default of payment of fine to further undergo R. I. for six months.

(2.) THE case of the prosecution, in brief, is that on 6-12-1980 at about 10 a. m. , Sri B. R. Singh Food Inspector, Nagar Palika, Fatehpur, visited the place of work of the accused and purchased milk weighting 660 Ml. on payment of Rs. 1. 32. THE accused is stated to be engaged in the sale of cow buffalo milk at that time. THE milk so purchased was put in three separate clean bottles, sealed and taken into possession. One of the sealed bottles was sent to the Public Analyst for analysis while the remain ing two sealed bottles were deposited in the office of the Chief Medical Officer, Fatehpur. THE Public Analyst vide his report Ex. Ka 3 found that the sample of milk contained Milk Fats 5. 2% and non-fatty solids 7. 6% and opined that non-fatty solids were deficient by 11%. After obtaining the requisite sanction from the Chief Medical Officer, Fatehpur, a complaint was filed in the Court of Special Judicial Magistrate, Fatehpur on 7-3-1981.

(3.) I have heard the learned counsel for the parties, Only point urged by the learned counsel for the applicant is that as per the report of the public Analyst, Milk facts were found to be 5. 2% and non fatty solids to be 7. 6% in the sample of the milk. According to him, as per the standard laid dawn in the Rules under the Act, the Milk fats should be at least 4. 5% while Non-Fatty Solids have to be 8. 5% and so the Milk fats were more than the prescribed standard in the sample purchased by the Food Inspector. According to him, Non-Fatty Solids were deficient by 11% which maybe ignored, in view of the fact that the Milk Fats were more than the requisite percentage. In support of his contention, reliance has been placed on two cases of this Court cited as Ram Swaroop v. State, 1979 (1) TFA 86 (Alld) and Dhani Ram v. State, 1972 (1) 107 (All ).