ANGANLAL Vs. STATE

JUDGEMENT

(1.) Anganlal has filed this revision application against the judgment and order dated 30-6-75 passed by the IVth Addl. District & Sessions Judge, Bareilly, maintaining his conviction under Sec. 7/16 of the Prevention of Food Adulteration Act but reducing the sentence of six months rigorous imprisonment and a fine of Rs. 1,000.00awarded by the trial court to six months' rigorous imprisonment and to a fine of Rs. 50.00 only. In default of payment of fine, one month's further rigorous imprisonment was awarded.

(2.) On 29-9-1973 at 10-30 A.M. Food Inspector J.N. Rawat was on checking duly. He saw the revisionist carrying milk in two buckets and a Dibba for sale. He took sample of 660 ml of milk of she buffalo on payment of its price and divided it into three parts. One of the sample phial was given to the revisionist and the other one was sent to the Public Analyst. The later reported deficiency of 58% in the fat contents and a further deficiency of 22% in the non-fatty solids. After obtaining the requisite sanction a complaint was filed against the revisionist.

(3.) The revisionist denied the said charge and gave out that it was the milk of goat. He was possessed of two goats and was carrying only one kilogram of milk for his father's sister who was lying ill. He denied that it was she buffalo's milk. According to him the Food Inspector had forcibly taken the sample.