BAL KISHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) This revision is directed against the judgment of the learned Sessions Judge, Kanpur, dated 28-3-1973 upholding the conviction of the applicant under Sec. 7/16 of the Prevention of Food Adulteration Act. By the said judgment, the Magistrate had sentenced the applicant to six months' R.I. and he further imposed a fine of Rs. 1,000, in default, he had to undergo further R.I. for four months.

(2.) The only question urged by the learned counsel for the applicant was that as the report of the Public Analyst did not give the percentage of the Kesari Dal mixed with Besan sent to Public Analyst for analysis, the said report was inadmissible. The submission made is not acceptable to me. It has not been disputed that the use of Kesari Dal was prohibited under the aforesaid Act. The material portion of the report of the Public Analyst runs as follows:-

(3.) The above report shows that the sample contained starch of Kesari Dal. This, in my opinion, was sufficient for the purposes of establishing that the applicant was guilty of having sold adulterated food within the meaning of Sec. 2 of the Prevention of Food Adulteration Act.