VINDER SINGH Vs. STATE OF U P

JUDGEMENT

(1.) M. M. Lal, J. This is a criminal revision filed against a judgment and order dated 14-1-1988 passed by Sri M. S. Premi, the then 1st Additional Sessions Judge, Nainital by which he has dismissed the appeal filed by the revisionist.

(2.) THE facts of the case in brief are that on 14-7-1985 Food Inspector, Jaspur had purchased 660 ml. of Milk from the revisionist. After necessary formalities sample of the milk was sent to the Public Analyst, Lucknow who found the said milk adulterated. THE revisionist was prosecuted and the Special Judicial Magistrate, Kashipur convicted the revisionist under Sections 7/16 of Prevention of Food Adulteration Act and sentenced him to undergo R. I. for six months and to pay a fine of Rs. 1,000 or in default thereof to further under go R. I. for three months. Aggrieved by the same the revisionist filed appeal before the 1st Additional Sessions Judge, Nainital which was also dismissed.

(3.) LEARNED Counsel for the revisionist has further argued before me that atleast a departmental man was available and he could have been exa mined besides the Food Inspector to prove the case of the prosecution. In this respect it may be observed that the said point was not raised by the revisio nist either before the learned Judicial Magistrate or before the Sessions Judge. It cannot be said at this stage that whether the said departmental man was available or not whether there was any cogent reason fur not examining him