MAKHAN Vs. STATE

JUDGEMENT

(1.) Makhan has filed this revision application against judgment and order dated 27-3-1976 passed by the Sessions Judge, Mathura, confirming his conviction under Sec. 7/16 of the Prevention of Food Adulteration Act. The trial court had sentenced him to one year's rigorous imprisonment and to a fine of Rs. 1,000.00 but the lower appellate court reduced the sentence to six months' rigorous imprisonment and to a fine is. 1,000.00 and in default of its payment to six months'simple imprisonment.

(2.) The prosecution case, in brief, was that on 29-10-1974 at about 1 P.M. when the Food Inspector of Primary Health Centre, Sonai, District Mathura, visited the shop of Resham in the town of Raya he found the revisionist exposing for sale Khoya in a Parat. This Khoya weighed about 15 Kgs. and was said to have been prepared from buffalo milk. The Inspector purchased 600 grains of Khoya and paid Rs. 4.80 as its price in the manner prescribed. It was divided into three parts, each of which was kept in three separate phials. One phial was given to the revisionist and the other one was sent to the Public Analyst who found it to be deficient in fat contents. After obtaining the requisite sanction of the District Medical Officer of Health the revisionist was sent up for trial.

(3.) The revisionist denied the said charge, though he admitted that the sample of Khoya was taken by the Inspector. According to him the Khoya was prepared not from buffalo milk but from sheep milk. Some medicine was also mixed in it as it was not meant for human consumption but was prepared for medical purposes, for a bullock who had fractured its leg. Chandra Bhan and Budh Sen were examined in support of his contention.