RAM NATH YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) This revision is directed against an order dated 24-10-73 passed by Sessions Judge Jhansi confirming the conviction and sentence recorded against the Applicant under Sec. 7/16 of Prevention of Food Adulteration

(2.) The prosecution story is that on 1-10-71, at about 6 A.M., Sri R.P. Srivastava, Food Inspector, Vikas Khand, Babina, was on duty near village Chhota Mankuan, He saw the applicant carrying milk to Babina Cantt. for sale. He stopped the applicant and asked him to show his licence. The applicant told him that he held a licence for selling milk, but he did not have it in his possession at the time. The Food Inspector thereupon took a sample of milk which the applicant disclosed to be buffalo milk. It was divided in three equal parts and each part was kept and sealed in a phial in accordance with law. One of the sealed phials was sent to Public Analyst for analysis and report. The sample was found to be deficient in fat content by about 32 per cent. Prosecution under Sec. 7/16 of the Prevention of Food Adulteration Act was launched against the applicant.

(3.) The applicant pleaded not guilty. He alleged that the Food Inspector had not taken any sample of milk from him.