LAWS(ALL)-1978-10-56

GAJADHAR Vs. STATE

Decided On October 04, 1978
GAJADHAR Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The applicant was convicted under Sec. 7/16 of the Prevention of Food Adulteration Act and sentenced to six month's R.I. and a fine of Rs. 100.00. His conviction and sentence was confirmed, in appeal by the Sessions Judge. Mainpuri. Hence this revision.

(2.) According to the prosecution case, the applicant was selling buffalo milk when the Food Inspector took a sample from him. The sample was sent for analysis. The report of the Public Analyst disclosed that the specimen was deficient in fat contents by 18 per cent and non fatty solids by 13 per cent. Sanction for prosecution was obtained. On this allegation the applicant has been prosecuted and convicted by the courts below.

(3.) I have heard the learned counsel for the applicant and have also perused the impugned order. The finding of fact with regard to the taking of sample of buffalo milk by the Food Inspector can not be assailed, in view of the fact that the courts below have concurrently held the same proved. The report of the Public Analyst also disclosed that the sample of buffalo milk was deficient in fat contents by 18 per cent and in non-fatty solids by 13 per cent. This report has also been accepted rightly by both the courts.