SHAMIM AHMAD Vs. STATE OF U.P

JUDGEMENT

(1.) Heard Sri Mukhtar Alam, Advocate, for Revisionist and learned A.G.A. for respondents.

(2.) This criminal revision under Section 401 read with Section 397 Cr.P.C. has been filed aggrieved by judgment and order dated 15.03.1985 passed by Special Judicial Magistrate, Nagina, Bijnor in Case No. 1335 of 1982 convicting Revisionist under Section 7/16 of Prevention of Food Adulteration Act, 1954 (hereinafter referred to as "Act, 1954") and sentencing him to undergo six months' rigorous imprisonment and a fine of Rs. 1000/- Thereagainst Accused-Revisionist preferred Criminal Appeal No. 78 of 1985 which has been dismissed by 2nd Additional Sessions Judge, Bijnor vide judgment and order dated 28.06.1980.

(3.) The prosecution story, inter alia, is that on 30.04.1982 at about 07.00 AM, Sri Virendra Kumar, Food Inspector found Accused-Revisionist, Shamim Ahmad, carrying about 20 liters of buffalo milk in two canes on his cycle for sale on Nethaur Road in Village Mehmoodpur, District Bijnor. Food Inspector suspected the milk to be adulterated and thereupon after disclosing his identity and serving necessary notice, took a sample of 660 M.Ls. buffalo milk from Accused-Revisionist and paid the cost. Necessary receipt was issued to Revisionist who put thumb mark on it. Sample was divided into three parts and after observing all formalities, one was sent to Public Analyst for examination and rest two were deposited in the Office of Chief Medical Officer, Bijnor. Public Analyst found the milk deficient in fat contents by 17 per cent and non fatty contents by 1 per cent. After obtaining necessary sanction from Chief Medical Officer, Bijnor, complaint was filed by Food Inspector against Accused-Revisionist in the Court.