BHOORA Vs. STATE

JUDGEMENT

(1.) A complaint was made by Sri R.K. Gupta, Food Inspector Municipal Board, Fatehpur under Sec. 10/16 of Prevention of Food Adulteration Act (hereinafter referred to as the Act) against the applicant Bhoora. The case taken in the complaint was that on 3rd day of May, 1972 at about 6 P.M. Bhoora was selling and exposing for sale milk in two buckets at his shop in Mohalla Chaudharana. The Inspector inspected the milk and suspecting that it was adulterated milk asked the accused to sell 660 M.L. milk for sample on cash payment. The accused refused to do so and forcibly pushed away the Jamadar. Certain witnesses were said to be present at that time. The Food Inspector then submitted his report (Ex. Ka. 1) to the District Medical Officer of Health Fatehpur on 20-8-1972. It was alleged that the District Medical Officer of Health accorded sanction for the prosecution of the accused (Ex. Ka. 2).

(2.) The accused denied the prosecution case. According to him the Inspector asked him to give him Rs. 10.00 per month to which he did not agree and hence the complaint was falsely made against him He further stated that the witnesses gave evidence against him because of the pressure of Food Inspector.

(3.) The prosecution examined (P.W. 1) R.K. Gupta, Food Inspector (P.W. 2) Sri Ram Saran Singh Hawaldar and (P.W. 3) Ranjit, while the accused examined (D.W. 1) Master Abdulla. The learned Magistrate, on a consideration of the evidence on record, found the accused guilty under Sec. 10/16 of the Act and convicted him thereunder and sentenced him to 6 months R.I. and to pay a fine of Rs. 1,000.00. In the event of failure to pay the fine three months further R.I. was awarded.