CHANDI Vs. STATE

JUDGEMENT

(1.) This is an application in revision by one Chandi who has been convicted under Sec. 16 of the Prevention of Food Adulteration Act and sentenced to rigorous imprisonment for a period of six months and to pay a fine of Rs. 2,000.

(2.) The applicant is a milk vendor licensed to sell milk in the area of Municipal Board, Ghaziabad. The prosecution case was that on 24-8-1965 Mahendra Singh, son of the applicant, was found carrying three cans of milk in Prem Nagar, Ghaziabad, Mr. G. D. Talwar, Food Inspector enquired from Mahendra Singh as to where from he had brought the milk, whereupon Mahendra Singh informed him that he had brought it from his father, the applicant. The total quantity of milk was 15 seers Mr. Talwar purchased 3/4 seers of milk i.e. approximately 24 ounces of milk from Mahendra Singh divided it in three tins and sample was sent to the Public Analyst for examination and report. The Public Analyst found the milk adulterated and, after obtaining the sanction of the Health Officer, the applicant, as also his son Mahendra Singh were prosecuted.

(3.) At the trial no independent witnesses were examined but Sri Talwar, the Food Inspector, and also another Food Inspector Sri B. M. Lal, were examined, in support of the prosecution case. The learned Magistrate accepted their evidence and convicted and sentenced the applicant as above. The applicant's son being of young age was given the benefit of the provisions of the U. P. First Offenders Probation Act and admonished under Sec. 3 of the said Act.