CITY BOARD SAHARANPUR Vs. ABDUL WAHID

JUDGEMENT

(1.) This is a reference by the learned Additional District Magistrate of Saharanpur arising out of a prosecution under the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act.) According to the prosecution, Abdul Wahid accused was suspected for selling adulterated milk; One Food Inspector purchased a seer of milk from the accused, and divided the milk into three phials. One phial was given to the accused, while another phial was sent to the Public Analyst to Government. The Public Analyst reported that the milk contained 13 per cent added water. The accused was prosecuted for having exposed adulterated milk fox sale. The accused pleaded not guilty. He was, however, con-victed by the learned City Magistrate, Saharanpur under Section 7 read with Section 16 of the Act. He was sentenced to a fine of Rs. 100/- or rigorous imprisonment for one month in default of fine.

(2.) The Municipal Board Saharanpur went up in revision. The revision application was taken up by the learned Additional District Magistrate 06 Saharanpur. He was of the view that, the sentence passed by the trial court upon the accused was not in accordance with law. The case was submitted to this Court for appropriate orders. This Court issued notices to parties on the question of enhancement of the sentence.

(3.) The Food Inspector appeared as a witness for the prosecution. He described how he took samples from the milk exposed by the accused for sale. The Public Analyst's report is on the record. The report shows that the milk was adulterated. Abdul Wahid's conviction under Section 7 read with Section 16 of the Act is proper.