JOGI Vs. STATE

JUDGEMENT

(1.) THIS is a revision by Jogi against the order of the learned Sessions Judge, Gonda dismissing his appeal against his conviction under Section 7/16 of the Prevention of Food Adulteration Act and sentence of rigorous imprisonment for six months and a fine of Rs. 1000/-.

(2.) THE prosecution case is that on 29 -11-75 at about 10 A. M. the Food Inspector Sri Suresh Chandra Arya (P. W. 1) took a sample of cow's milk from the possession of the applicant in mohalla Puraina Talab, Balrampur, district Gonda. THE sample sent to the public analyst was reported to be adulterated being deficient in fat 'content by about 26% and non fatty solids by about 44%.

(3.) THERE is no doubt that if an accused in deprived of a right given to him by Section 13 (2) of the Prevention of Food Adulteration Act by the conduct of the prosecution authorities, the conviction passed on such a report is vitiated as held in Sukamal Gupta v. Corporation of Calcutta, AIR 1967 SC 970. In the present case, however, the applicant was not entitled to the benefit of this view.