RAMESHWAR ALIAS RAMAI Vs. STATE OF U P

JUDGEMENT

(1.) THIS is a revision by Rameshwar alias Ramal against the order dismissing his appeal against his conviction under Section 7/16 of the Prevention of Food Adulteration Act and confirming the sentence of six months' R.I. and a fine of Rs. 1000/- imposed by the trial court.

(2.) THE prosecution case was that Food Inspector Sri H. S. Singh found the applicant selling buffalo milk in village Unche Gaon on 11-10-74 . He took sample from him on payment of Rs. 00.75 P. its price and after dividing into there parts, one part was sent to the public analyst. On report he found the sample defficient in fat content by about 15 percent and deficient in non fatty solids content by about 56%.

(3.) IN revision besides taking other usual pleas, a legal point was also raised that the applicant was deprived of his right given to him by law under Section 13 (2) of the Prevention of Food Adulteration Act to get the sample analysed by the Director of Central Food Laboratory inasmuch as he received the notice of the case on 10-9-76 after eleven months of the sample being taken and then it was useless to get the sample analysed.