RAJ KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Revisionist, Raj Kumar has filed this revision against the judgment and order dated 20.11.1999 passed by Sessions Judge, Fatehpur in criminal appeal no. 21 of 1999 (Raj Kumar Vs. State of U.P.) under Section 7/16 of the Prevention of Food Adulteration Act (hereinafter referred to as ''the Act') whereby he has confirmed the conviction and sentence to the revisionist to undergo R.I. for six months and to pay a fine of Rs. 1000/- and in default of payment of fine to further undergo two months imprisonment, which has been passed by Ist Additional Chief Judicial Magistrate/Special Judicial Magistrate, Fatehpur in criminal case no. 235 of 1996 ( State Vs. Raj Kumar) under Section 7/16 of the Act, Police Station-Kotwali, District Fatehpur.

(2.) Heard learned counsel for the revisionist and learned A.G.A.

(3.) Facts of the case in brief are that Food Inspector, Sri A.P. Shukla on 30.10.1995 at about 10:15 a.m. after introducing himself to accused, Raj Kumar Tiwari, who was found in possession of 20 liters of milk in two containers for the purpose of sale, purchased 750 milliliters of milk and paid the price thereof Rs. 4.50 and obtained receipt. Milk so purchased was divided in three equal part and Food Inspector kept them in three clean and dried bottles and mixed 20-20 crops of 40% formalin and sealed the said bottles. After completing necessary formalities one bottle so sealed was sent to the Public Analyst at Varanasi and two sealed bottles were kept in the office of Local Health Authority. The sample of the milk sent to the Public Analyst was found adulterated and case was filed in the court against the accused, revisionist, Raj Kumar Tiwari. The accused was charged and charge was read over and explained to the accused, Raj Kumar Tiwari, who pleaded non guilty and claimed to be tried.