NARAUTI Vs. STATE

JUDGEMENT

(1.) THIS is a re­vision by Narauti against the dismissal of his appeal by the learned 1st Additio­nal Sessions Judge, Agra against his con­viction under section 7/16 (1) (a) (i) of the Prevention of Food Adulteration Act and a sentence of R. I. for one year and a fine of Rs. 1000/- and in default a fur­ther R. I. for six months.

(2.) THE prosecution case was that on 11.5. 1972 the Food Inspector A. P. Diwedi (P. W. 1) took a sample of cow's milk from the possession of the appli­cant at 10.45 A. M. within the limits of Nagar Mahapalika, Agra. After dis­closing his identity and after usual for­malities he gave the price of 660 mililiters of milk to the applicant and divi­ded the same into three samples. On the report of the public analyst the milk was found deficient in non-gattis solids by 38%. A complaint was filed against the applicant but the applicant denied the charge. He alleged that he was not selling the milk. He was having about 2 kilograms of milk and was ta­king it to one Puran Chand. He admit­ted that sample was taken from him by the Food Inspector but no price was given to him.

(3.) IT is then contended that there was no legal evidence to hold that the sam­ple of milk was adulterated. In order to appreciate the contention of parties, some facts may be mentioned. At first Public Analyst had submitted a report showing that the sample milk was adul­terated. Later applicant applied for a report from Director of Central Food Laboratory, Calcutta. That also confirm­ed the report of Public Analyst.