BHOLA Vs. STATE OF U P

JUDGEMENT

(1.) THE applicant has been convicted under Sections 7/16 of the Prevention of Food Adulteration Act and sentenced to 6 month's R. I. ;and a fine of Rs. 1000/-. His conviction and sentence has been maintained in appeal by the Sessions Judge, Basti, hence this revision.

(2.) THE case for the prosecution is that Shri A. R. Pandey, Food Inspector found the applicant selling buffalo milk, which he suspected to be adulterated. He purchased 3/4 seer of milk on 15th September, 1973 at 9.30 A. M. on payment of its price, and divided it into three equal parts in accordance with law. One sample phial was given to the applicant and another was sent to the Public Analyst for analysis. THE report of the Public Analyst disclosed that the same was deficient in fat contents by about 4.7 per cent and non-fatty solids by about 3.6 per cent. After obtaining sanction for prosecution, the applicant has been prosecuted and convicted as above.

(3.) LEARNED counsel has referred to a decision of the Supreme Court reported in Shah Ashu Jaiwant v. State of Maharashtra, AIR 1975 SC 2178, in which the 'Til' seeds were meant to be sold only for Pooja for being burnt like incense or thrown into fire in the course of Pooja and not for human consumption. In that case, the Supreme Court was of the opinion on the factual question that the Food Inspector had failed to prove that the 'Til' was used as an item of food. The position was accepted that at least partially the admission of the Food Inspector amounted to a recognition of the fact that 'Til' was used for Pooja. In those circumstances, apart from others, the conviction of the applicant under Sections 7/16 of the Prevention of Food Adulteration Act was set aside.