BHAGWAN SINGH Vs. STATE

JUDGEMENT

(1.) The revisionist was convicted, under Sec. 7/16 of the Prevention of Food Adulteration Act and was sentenced to one year's R.I. and to a fine of Rs. 1000.00 and in default of its payment to six months' further R.I. by the trial court. On appeal the sentence of imprisonment was reduced to the period already undergone but the sentence of fine was maintained.

(2.) The revisionist was prosecuted on the ground that on 30-11-1973 at about 9 A.M. the Food Inspector, Nagarmahapalika, Agra, purchased a sample of milk from him which he was carrying for sale. A portion of this sample was sent to the Public Analyst for analysis and he found it to contain 4.7% fat and 7.2% non-fatty solids. In his opinion the sample was deficient in non-fatty solid contents by about 15% and was, therefore, adulterated. Standard of cow's milk was applied to this case.

(3.) The revisionist denied the said charge. However, both the learned lower courts found him guilty of the same and he was convicted and sentenced as mentioned above.