RAM ADHAR Vs. STATE OF U.P.

JUDGEMENT

(1.) The present revision is directed against the judgment and order dated 11.3.2004 passed by the Additional Sessions Judge/Fast Track Court No.IV, Raebareli in Criminal Appeal No.10 of 2003, which was preferred against the judgment and order dated 4.2.2003 passed by the Ist Additional Chief Judicial Magistrate/Judicial Magistrate of Economic Offences, Raebareli in Case No.1432 of 2002, whereby the revisionist was convicted and sentenced under Sec. 16(1) of the Prevention of Food Adulteration Act (for short 'the Act') for six months simple imprisonment with a fine of Rs. 1,000.00 and for non-payment, one month additional sentence. The appellate court had affirmed the judgement and order passed by the trial court and dismissed the appeal.

(2.) The facts of the case are that the Food Inspector Sri Upendra singh intercepted the revisionist, who was taking 110 litres of milk in six cans on a Rickshaw for selling the same. After introducing himself, he bought 750 ml milk for Rs. 5.25/- and after preparing sample, sent it to public analyst for examination. No one from the public came to be witness regarding sample etc. The revisionist refused to reveal the name of the owner of the milk. The public analyst in his report found the milk solids-notfat much below of 18%, which is prescribed under the Act for the milk. Since the milk sent for analysis was found to be adulterated one, a compliant was filed.

(3.) After examining the evidence and the submissions made, the trial court had convicted the revisionist. On appeal, the appellate court also dismissed the appeal and affirmed the judgment and order passed by the trial court.