STATE OF U.P. Vs. UTTAM CHAND

JUDGEMENT

(1.) This appeal has been filed by the State against the order of the acquittal, dated 22.11.1971, passed by Sri M.P. Jain, City Magistrate, Mathura.

(2.) Respondent Uttam Chand was prosecuted under Sec. 7/16 of the Prevention of Food Adulteration Act on the allegations that on 3.2.1971 at about 11.30 a m. he was found selling and exposing for sale buffalo milk without any licence at Uttam Restaurant in Jawahar Hat, Mathura and thereby contravened rule 50 framed under the prevention of Food Adulteration Act. A sample of the milk was taken by the Food Inspector, Sri Prem Prakash Tewari (P.W. 1) in the presence of Naik Jaswant Singh Pahariya (P.W. 2) and Tuhi Ram of Village Gausna (P.W. 3) and the sample of the milk, which was taken on payment of 80 Paise, was sent to the public analyst who found the sample to be deficient in fat contents by about 70 percent and non-fatty solid contents by about 23 per cent.

(3.) The respondent pleaded not guilty and contended that he neither sold the milk nor offered milk for sale from which the sample of milk was taken. According to the respondent the milk which was taken for sample was meant for domestic consumption. In support of the prosecution case, three witness namely, Sri Prem Prakash Tewari, Food Inspector (P.W. 1), Jaswant Singh(P.W. 2) and Tuhi Ram (P.W. 3) were examined. In support of the defence six witnesses were examined, namely, Dr. Devi Das, Veterinary Assistant Surgeon (D.W. I), Shyam Lal (D.W. 2), respondent Uttam Chand examined himself as D.W. 3, Daulat Ram (D.W. A), Mohan Lal (D.W. 5) and Udaia Ram (D.W.6).