ANGAN LAL Vs. STATE

JUDGEMENT

(1.) Angan Lal has filed this revision application against the judgment and order dated 29-11-1975 passed by the IVth Additional District and Sessions Judge, Bareilly. He was convicted under Sec. 7/16 of the Prevention of Food Adulteration Act and was sentenced to six months rigorous imprisonment and to fine of Rs 1000.00 and in default of its payment to six months further rigorous imprisonment by the trial court. The learned lower appellate court set aside the sentence of imprisonment but maintained the sentence of fine and in default of its payment he awarded four months rigorous imprisonment.

(2.) In brief the facts are that on 20-9-73 at about 10.30 a.m. Jagdish Singh, Food Inspector, found the revisionist carrying milk for sale in two cans near octroi post of Pilibhit bye-pass on Shahjahanpur road in Bareilly. He purchased 660 ml. of milk as sample and kept in three phials in the manner prescribed. The Public Analyst applied the standard prescribed for buffallo milk and found deficiency in fat contents by 65% and in non-fatty solids by 17%. After obtaining the requisite sanction the revisionist was tried under Sec. 7/16 of the Prevention of Food Adulteration Act.

(3.) The revisionist denied the said charge and gave out that the milk was not made for sale but was being carried to his sisters daughter.