MOMEEN Vs. STATE

JUDGEMENT

(1.) Momeen applicant, was convicted under Sec. 7/16 of the Prevention of Food Adulteration Act and sentenced to six months' rigorous imprisonment and a fine of Rs 1000.00 by the learned Munsif Magistrate, Saharanpur. He preferred an appeal which was dismissed, hence this revision.

(2.) The prosecution case was that on 31-12-1974 the Food Inspector took a sample of the milk which the applicant was carrying for sale and sent it for analysis and on analysis it was found to contain 7.4% fat, which was admittedly much above the prescribed standard, but the non-fatty solid content was only 7.5% as against the prescribed standard of 8.5%.

(3.) The applicant pleaded not guilty, Both the courts below believed prosecution evidence and convicted and sentenced the applicant as mentioned above.