MANZOOR Vs. STATE OF U.P.

JUDGEMENT

(1.) Manzoor has been convicted under Sec. 7/16 of the Prevention of Food Adulteration Act. He was sentenced to one years' R.I. by the trial court while in criminal appeal No. 15 of 1977 decided on 26-9-1977, the Sessions Judge, Meerut, reduced the sentence to six months and his fine of Rs. 500.00 was maintained. Revision was admitted on the question of sentence and has been pressed on the question of sentence only. The prosecution case is that on 13-6-1975 at 6.30 a.m., the applicant was checked by the Food Inspector when he was found carrying milk for sale. The sample was sent to the public analyst; according to the report it was found to be deficient in non-fatty solid by 14%. It was analysed by the standard of mixed milk of cow and buffalo. The applicant was duly prosecuted. The defence of the applicant was that he is not a milk vendor and the milk was not meant for sale and he was carrying it for another person who was examined as a defence witness. Both the lower courts rejected the defence version and convicted and sentenced the applicant as stated above. Feeling aggrieved he has filed this revision, which as already stated, was admitted on the question of sentence.

(2.) An affidavit has been filed to the effect that the applicant has never been convicted in any criminal case. It has also been asserted that the applicant sells vegetables and works as a labourer and he is not a milk vendor and does not sell milk. He is a man of 45 years and has 7 children and a wife dependent on him. He was carrying only 5 K. G. of milk, which according to him was not meant for sale but was being carried for another person.

(3.) After considering all the circumstances it appears to be proper that the sentence be reduced to 3 months R.I.