NOOR HASSAN Vs. STATE

JUDGEMENT

(1.) This revision is directed against the judgement dated 31st March, 1978 passed by the Additional Sessions Judge, Saharanpur dismissing the appeal that was filed by the present applicant against his conviction and sentence under Sec. 7 read with 16 of the Prevention of Food Adulteration Act.

(2.) On 20th of March, at about 5.30 P. M. Sri G.N. Gairola, Chief Sanitary Inspector, Meerut Division, found the applicant selling milk on Station Road, Hardwar. On inquiry, applicant informed that the milk in his possession was toned milk. The Food Inspector collected a sample out of that milk. One part of the sample was sent to the Public Analyst who reported it to be adulterated. A complaint was, therefore, filed for the prosecution of the applicant.

(3.) The defence set up by the applicant was that the milk, out of which the sample was collected was not toned milk but was skimmed milk and that he had told inspector about it at the time the sample was collected. The applicant further stated that the milk was not meant for sale but was being carried by him for his ailing child. The trial court, however, did not accept the plea that was set up by the applicant and, convicting him of the offence under Sec. 7 read with Sec. 16 of the Prevention Food Adulteration Act, sentenced him to six months R.I. and to a fine of Rs. 1000.00. Aggrieved against his conviction and sentence, the applicant filed an appeal in the court of sessions which resulted in dismissal and hence this revision.