NANDAN SINGH Vs. STATE

JUDGEMENT

(1.) Applicant Nandan was convicted by a Magistrate 1st Class, Mainpuri, under Sec. 7/16 of the Prevention of Food Adulteration Act and sentenced to pay Rs. 500.00 as fine. In default of payment of fine he was directed to undergo two month's simple imprisonment. On appeal his conviction and sentence were maintained by the learned Additional Session Judge, Mainpuri; hence this revision.

(2.) According to the prosecution on July 27, 1965 at about 9 a.m. Food Inspector Bhupendra Singh inspected the Milk Centre of M|s. Hindustan Levers Ltd. at Shikohabad and demanded the licence from the applicant who was working as Centre In charge for stocking milk but no such licence was produced before him. Accordingly a complaint was lodged against the applicant for an offence under Sec. 7 [16 of the Prevention of Food Adulteration Act for breach of Rules 49 and 50 (3) framed under the said Act.

(3.) The defence of the applicant was that milk was simply collected at Shikohabad and sent to Etah in tankers, that it was not stocked at the Centre for sale, that the applicant was not the Manager of the dairy and that his prosecution was wholly misconceived. One H.P. Singh appeared in defence who stated that he was the Milk Collection Manager of the Hindustan Levers Ltd. which had its headquarters at Etah, that the accused was the Centre Incharge at Shikohabad where the milk is purchased and then sent in tankers to Etah where it is used for manufacturing milk products which is sold by the Company at Bombay. According to the witness no licence was required for collecting milk at the Centre as milk is not sold by the Company.