RAM SWARUP Vs. STATE

JUDGEMENT

(1.) Ram Swarup has filed this revision application against the judgment and order dated 6-8-1975 passed by the Sessions Judge, Agra, maintaining his conviction under Sec. 7/16 of the Prevention of Food Adulteration Act and the sentence of one years R.I. and a fine of Rs. 1000.00. In default of payment of fine he was sentenced to six months further R.I.

(2.) Briefly stated the prosecution case was that on 29-6-1972 at about 9-30 P.M. at the City Station Road within the limits of Nagar Mahapalika, Agra, he saw the revisionist carrying 30 litres of milk for sale. In the presence of the witnesses he took 660 ml. of milk as sample on payment of price. It was divided into three equal parts and each one was kept in a separate phial. One of this phial was given to the revisionist. One phial was sent to the Public Analyst for examination and his report is dated 19-8-1972. He found it deficient in fat contents by about 11% and in non-fatty solids by 53%. On 2-4-1973 a complaint was filed against the revisionist.

(3.) The revisionist denied the said charge and gave out that he was falsely implicated in the case due to enmity. His phial containing the milk was sent to the Director Central Food Laboratory for examination. The latters report is dated 10-10-1974 and he also found it deficient both in fatty contents and non-fatty solids.