LAKHAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The revisionist Lakhan Singh was tried by Judicial Magistrate IInd (Economic Offences), Jhansi for the offence under Section 7/16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the "Act") vide criminal case No. 1038/ 1988, State v. Lakhan Singh. Findings the prosecution case proved against the revisionist, he was convicted under Section 7/16 of the Act and sentenced for 6 months R.I. and to pay fine of Rs. 1,000/- and in default of payment of fine to undergo 3 months further R.I vide judgment and order dated 4-6-1988. Aggrieved by his conviction, the revisionist preferred an appeal before the Sessions Judge, Jhansi, Which was transferred to the Court of IVth Additional Sessions Judge for disposal as criminal appeal No. 138 of 1988. The appeal preferred by the revisionist was dismissed and his conviction and sentence recorded by the Trial Court, was affirmed by the IVth Additional Sessions Judge, Jhansi vide his judgment dated 21-5-1990. Against the said conviction, the revisionist has filed the above noted revision in this Court, which was admitted on 26-5-1990. The revisionist was granted bail and the realisation of fine awarded was also stayed.

(2.) Prosecution case against the revisionist was that on 9-5-1984, the sample of milk was taken by the Food Inspector Sri R.P. Lakshkar at 7.30 a.m. within the area of Primary Health Centre, Chirgaon, Jhansi, while the revisionist was found selling and carrying about 15 litres of milk in two canes. Food Inspector purchased 660 ml. of milk from the revisionist after paying Rs.1.65 as its price. A notice was also given in form 6. The milk was divided in three equal parts and was filled in clean and empty phials. Formalin was added as preservative and bottles were sealed as per rules. One phial of the sample was sent to Public Analyst, Lucknow. The report of the Public Analyst dated 15-6-1984 found the sample to be adulterated as the same was deficient up to 15% in milk fat and 30% in non- fatty solids. This report is Ext. Ka-6. After obtaining sanction Ext. Ka-8 from the Chief Medical Officer, Jhansi dated 21-9-1984, the Food Inspector filed the complaint, on the basis of which, the revisionist/accused Lakhan Singh was as summoned and tried. During trial, on the application of the accused another phial of the sample was sent to the Director, Central Food Laboratory, Calcutta who vide his report dated 28-5-1985 Ext. Ka- 10 also found the sample of milk to be adulterated. The milk fat and non-fatty solids in the sample were found to be 4.6% and 6.3% respectively which did not conform to the prescribed standard. The revisionist was ultimately convicted as aforesaid. His1 appeal was also dismissed culminating in the present revision.

(3.) Heard Sri A.R.B. Kher, Advocate for the revisionist and Sri R.S. Tiwari, AGA and Sri S.D.TiWari, AGA appearing for the State and perused the Lower Court's record!