RAM NATH MAKRU RAM Vs. STATE

JUDGEMENT

(1.) THIS revision is directed against the order of the temporary Sessions Judge, Allahabad, refusing to interfere with the order of the Magistrate First Class in which he has held that the applicant was selling adulterated curd and has, therefore, committed an offence under Section 7/16 of the Prevention of Food Adulteration Act.

(2.) ACCORDING to the prosecution the applicant was found selling curd at his shop on 2. 3. 1963 at about 8 A. M. Food Inspector Shyamji Srivastava purchased three quarters of a seer of curd on payment of 28 paise as its price from the applicant for sample which was subsequently analysed by the Public Analyst who reported that it was less in milk fat content by 4. 61 per cent than the minimum prescribed standard of 6 per cent. The applicant was accordingly prosecuted for selling adulterated milk product.

(3.) AT the trial applicant stated that he was selling curd of skimmed milk for which he held a licence and, therefore, he had not committed any offence.