WALI MOHAMMAD KHAN Vs. STATE

JUDGEMENT

(1.) Wali Mohammad Khan has filed this revision application against thojudgment and order dated 30-6-73 passed by the Additional District and Session Judge, Bareilly.

(2.) In Brief, the facts are that on 16-8-72, the Food Inspector along with the Sanitary Inspector went to village Manpuria and found the revisionist selling milk. The requisite sample of the milk was taken on payment of its price. It was divided into three parts and one of it was given to the revisionist. On examination the Public Analyst found the milk to be deficient both in fatty and non-fatty solids. After obtaining sanction to prosecute under Sec. 7/16 of the Prevention of Food Adulteration Act, a complaint was filed against the revisionist.

(3.) The revisionist pleaded not guilty to the charge and said that he was neither dealing in milk, nor was he exposing it for sale. According to him, his sister was admitted in hospital and he was carrying milk for her when the Food Inspector took the sample. He led evidence in support of this contention.