KALOO Vs. STATE

JUDGEMENT

(1.) The applicant was convicted under Sec. 7/16 of the Prevention of Food Adulteration Act and sentenced to six months R.I. and a fine of Rs. 500.00 by the Magistrate 1st Class, Agra by his judgment dated 14-9-1973 passed in case No. 558 of 1973. In default of payment of fine he ordered to undergo three months' rigorous imprisonment. The applicant filed Criminal Appeal No. 274 of 1973 which was dismissed by the Sessions Judge, Agra by his judgment dated 16-8-1974. The revision filed by the applicant in this Court was admitted only on the question of sentence on 29 8 1974.

(2.) Sri. Tripathi Food Inspector, Nagar Mahapalika, Agra (P.W. 1) has not deposed that the milk that was purchased by him from the applicant was a mixture of buffalo milk and cow milk and the applicant has stated in his statement under Sec. 342 Cr. P.C that he had sold cow milk The Public Analyst was therefore, not justified in judging the sample of milk sent to him on the basis of the standard prescribed for a mixture of cow milk and buffalo milk in equal proportion. The report of the Public Analyst, however, shows that the fa., content of the sample of milk was 5.3 per cent and the non-fatty solids were 6.3 per cent. Even if the standard prescribed for cow's milk is applied, the non-fatty solids have been 8.5 per cent The milk purchased from the applicant was, therefore, deficient in non-fatty solids even according to the standard prescribed for cow's milk. It was thus adulterated even though the fat content of the milk were higher than the minimum prescribed for cow's milk. The conviction of the applicant under Sec. 7/16 of the Prevention of Food Adulteration Act by the courts below was, therefore, justified. The sentence of six months' R.I. and fine of Rs. 500.00 awarded to the applicant, however, appears to be excessive in view of the fact that there was deficiency only in non-fatty solids. Ends of justice would be met by reducing the sentence of six months' R.I, awarded to the applicant to the period already undergone, which is about 18 days, and the fine of Rs. 500.00 to Rs. 100.00.

(3.) The application is accordingly allowed in part. The conviction of the applicant under Sec. 7/16 of the Prevention of Food Adulteration Act is upheld but the sentence of six months' R.I. and a fine of Rs. 500.00 awarded to the applicant is reduced to the period already undergone and a fine of Rs. 100.00. In default of payment of fine, the applicant shall undergo one month's R.I. The fine shall be deposited within one month of the receipt to the record by the trial court. Revision partly allowed.