RAM SINGH Vs. STATE

JUDGEMENT

(1.) The applicant has been convicted under Sec. 7/16 of the Prevention of Food Adulteration Act and sentenced to 6 months R.J. and a fine of Rs. 1,000.00, by the Chief Judicial Magistrate Uttar Kashi. His conviction and sentence has been confirmed in appeal by the Sessions Judge, Tehri Garhwal. Hence this revision which was admitted by me on the question of sentence only.

(2.) Learned counsel for the applicant submitted that there is nothing on the record to indicate that the applicant is a previous convict. He has also urged that according to the report of the Public Analyst the sample of milk purchased by the Food Inspector was deficient in fat contents by 7 per cent, 4 per cent in non-fatty solids. He urges that the adulteration is not high. The milk is not a primary food. The offence in question was committed on 8th Oct., 1977. As such the minimum sentence which can be awarded to the applicant is 6 months R.I. and a fine of Rs. 1,000.00. No further reduction is possible in law. There is no merit in this revision, which is hereby dismissed. Revision dismissed.