HIRDAY NARAIN Vs. STATE

JUDGEMENT

(1.) THE applicant has been convicted under Section 7/16 of the P. F. A. Act and sentenced to six months R. I. and a fine of Rs. 1,000/-by the Additional Chief Metropolitan Magistrate, Kanpur. His conviction and sentence have been maintained in appeal by the Sessions Judge, Kanpur. Hence this revision.

(2.) ACCORDING to the prosecution case, R. C. Gupta, Food Inspector found the applicant Hirday Narain selling and exposing milk for sale at about 11. 35 a. m. on 25-5-1976 near Vijai Nagar Crossing, Kanpur. After disclosing his identity he purchased 660 Mls. of milk. The usual formalities were observed and the necessary documents were prepared and executed. Out of the three phials of sample of cow's milk bottled by the Food Inspector, one was sent to the Public Analyst, Lucknow. His report indicated that the fat contents in the sample were 4. 3% and non-fatty contents were 6. 7%. The sample of milk was thus adulterated. After obtaining sanction from the authority concerned, prosecution was launched against the applicant.

(3.) IT appears that during the trial an application was filed by the accused on 9-2-1977 in which it was mentioned that he desired to have the sample of milk sent for analysis to the Director, Central Food Laboratory Calcutta. It was prayed that the sample be sent for from the Local (Health) Authority and the Court be pleased to order the same to be analysed by the aforesaid Director. This application was not opposed by the Nagar Mahapalika Prosecutor. On the same day an order was passed by the Magistrate directing that the sample phial retained in the office of the N. S. A. (Nagar Swastha Adhikari) be sent to the Director, Central Food Laboratory Calcutta provided the applicant deposits the prescribed fee by 21-2-1977. Compliance of this order having been made, the sample was sent to the Director, Central Food Laboratory, Calcutta, who submitted his analysis report dated 29th July 1977. This report indicated that in sample of milk, fat content was 3. 9%, while non fatty solid contents were 7. 4%. In the opinion of the Director the sample did not conform to the standard prescribed under the P. F, A. Rules.