RAMA KANT Vs. STATE

JUDGEMENT

(1.) THIS revision raises an important question of law as to whether on the facts of this case it can be held that there was no compliance of Sub -section (7) of Section 10 of the prevention of Food Adulteration Act (hereinafter called the Act) and whether the proceedings were vitiated on that account.

(2.) THE Applicant was convicted Under Section 7/16 of the Act and sentenced to three months' rigorous imprisonment and a fine of Rs. 500/ - and in default of payment of fine to undergo further rigorous imprisonment for four months. In appeal the conviction and sentence were affirmed by the Sessions Judge, Kanpur. Hence this revision. The prosecution case was that on 6 -10 -1966 the Applicant was found selling and also exposing for sale buffalo milk in his dairy in Mohalla Ajitganj, P.S. Bakarganj, Distt. Kanpur, by the Food Inspector Sri M.L. Bhatti. He took a sample of the milk from the Applicant on payment of price and sealed it in three equal parts according to the rules. He complied with all other formalities and informed the Applicant that the sample would be sent to the Public Analyst for examination. The case was examined by the Public Analyst and found to be deficient in fat contents by about 2.2% and in non -fatty solids content also by the same percentage. The Applicant was accordingly prosecuted Under Section 7/16 of the Act.

(3.) THE courts below after considering the evidence on record found that the Applicant had sold adulterated milk to the Food Inspector and as such, he was guilty of the offence charged. He was, therefore, convicted and sentenced as stated above.