MOHD. SHAFAAT HUSAIN (IN JAIL) Vs. THE STATE

JUDGEMENT

(1.) This is an application in revision by Mohammad Shafaat Husain, whose conviction under Sec. 16 (1) (a) of the Prevention of Food Adulteration Act for contravention of Sec. 7 thereof and the sentence of six month's R. 1. and a fine of Rs. 200.00 was maintained by the additional Sessions Judge of Pilibhit.

(2.) The facts of the case are not in dispute except for the fact whether the butter sample, which was taken was meant for sale or not. On 25-2-58 at about 11.15 A.M. Shri Vishnu Dube, Food Inspector, and Dr. S. N. Taneja, District Medical officer of Health, visited the dairy of the applicant and took sample of butter which was ready and was meant for sale. The sample was sealed in three phials, one of which was handed over to the applicant and the other was sent to the Public Analyst for analysis and report. On the request of the applicant another sample was sent to the Director of the Central Food Laboratory, Calcutta. Both reported that the sample of butter was adulterated though there was some difference in the data obtained after analysis of the sample.

(3.) The applicant admitted the taking of the sample. His case, in brief, was that the butter of which sample was taken was not yet ready for sale. He denied that it was adulterated. He examined two witnesses in his defence.