SIRISTEY LAL Vs. STATE

JUDGEMENT

(1.) Applicant was convicted by a Magistrate First Class under Sec. 16(1) (a) of the Prevention of Food Adulteration Act and sentenced to six months' rigorous imprisonment and to a fine of Rs. 1000.00. In default of payment of fine he was directed to undergo rigorous imprisonment for three months. On appeal his conviction and sentence were upheld by the learned Sessions Judge, Farrukhabad, hence this revision.

(2.) According to the prosecution on May 7, 1965 at about 8.15 a.m. applicant was found selling milk in the city of Farrukhabad. Its sample was contained by the Food Inspector a part of which was subsequently analysed by the Public Analyst who found it deficient in non-fatty solids by 20 percent. Applicant who is a villager denied to have brought the milk to the city for the purposes of sale. According to him he was only a carrier for bringing milk to Th. Satendra Singh, a resident of Fatehgarh, from Ram Chandra and Tula Ram of his village. He examined Th. Satendra Singh, Shushil Chandra, Tula Ram, Samshad Husain and Abdul Gani who have supported his version.

(3.) The prosecution case was supported by the Food Inspector Ambwani (P.W. 1) and the Assistant Sanitary Jamadar Hari Krishna.