KASHI RAM Vs. STATE

JUDGEMENT

(1.) THE applicant has been convicted under Section 7/16 of the Prevention of Food Adulteration Act and sentenced to six months R. I. and a fine of Rs.. 1000/-. In default of payment of fine he is to undergo further rigorous imprisonment for a period of three months. His conviction and sentence have been maintained in appeal by the Sessions Judge, Saharanpur. Hence this revision, which was admitted on the question of sentence only.

(2.) THE prosecution case is that the Food Inspector on 24th July, 1974 at about 10 a. m. visited the shop of the accused situate in Chowk Purani Mandi, Saharanpur and purchased 660 mls. sample of warm mixed cow and buffalo milk in the proportion of 50 per cent for Rs. 1/50 in accordance with the procedure prescribed by law. He gave a notice to the accused in Form VI, which is Ex. Ka-1 on the record and also obtained a receipt in token of payment which is Ex. Ka-2 on record, the said sample was divided in three phials and duly sealed on the spot. One phial was given to the accused. One of the phials, which were: in possession of the Food Inspector, was sent for analysis to the Public Analyst, whose report indicated that the sample contained 3-6 per cent fat and 12.3 per cent non-fatty solids. After obtaining the requisite sanction the applicant has been prosecuted and convicted as above.

(3.) IT is no body's case that the sample of milk which was purchased by the Food Inspector on the date in question was being boiled in Kadhayee and that, the sample of milk was taken from the Kadhayee in boiling state. The statement of the Food Inspector which has been relied upon by the courts below and which I have no reason to disbelieve, is to the effect that he had purchased warm mixed cow and buffalo milk "Gaay Bhains ka mila huwa garam doadh baichtay huyay paya". Suspecting the milk to be adulterated, he disclosed his identity and gave a notice of his intention to purchase the sample of the milk, to the accused, in Form VI vide Ex. Ka-1. This has been signed by Kashi Ram applicant. The entry in this receipt is "Gaay Bhains ka ga- ram kiya doodh 50 per cent." In the receipt Ex. Ka-2, which has also been signed by Kashi Ram the description of the milk is also given as "Gaay Bhains ka garam kiya doodh wazan 660 ml. 50 percent". Reading the statement of the Food Inspector along with the documentary evidence, I have no doubt that the specification of milk which was purchased by the Food Inspector was such as had undergone a process of heating. In common parlance such milk is very often known as "Kadkayee ka paka doodh", or "Garam Doodh" which is very often sold at the milk- vendor's shop. IT would thus not be correct to argue that in the instant case the sample of milk was taken in a boiling condition, while it was in the process of being boiled in the Kadhayee, and had undergone a change in its constituents.