NAZIM Vs. STATE

JUDGEMENT

(1.) This is an application in revision by one Nazim who was convicted by a First Class Magistrate of Sultanpur under Section 42 of the Pure Food Act for contravention of the provisions of Section 30 of that Act, Section 30 lays down as follows:

(2.) In the, present case the charge against the applicant was that at about 6 a. m., on the 24-4-1953 he had obstructed a Food Inspector in the performance of his duty in that when the Food Inspector saw him pass by with some milk-In a bucket and asked him to stop he ran, and . when the Inspector sent his peon after him he threw away the milk, two or two and half seers in weight. Rule 4 of the Rules framed under the Act contains the duties and power of the Food Inspectors. The provision of that rule relevant to the present case is contained in Clause (b) of the rule and it is to the following effect:

(3.) The applicant's defence was a denial of the prosecution case and an assertion that the bucket in, question, was empty at the tune. On an appraisal of the prosecution and defence evidence produced in this case both the Courts below have come to the conclusion that the prosecution, case mentioned above was correct. Accepting that finding of fact arrived at by the two Courts below it has been argued by -the learn-ed counsel appearing for the applicant that no-case against the applicant had still been made out. The various submissions made by the learned counsel may now be taken up seriatim.