DEOKINANDAN Vs. STATE

JUDGEMENT

(1.) Deokinandan has filed this revision application against the judgement and order dated 6.7.1976 passed by the Third Additional Sessions Judge, Etah, confirming his conviction under Sec. 7/16 of the Prevention of Food Adulteration Act and the sentence of six months R.I, and a fine of Rs, 1000.00. In default of payment of fine he was sentenced to six months' further R.I.

(2.) The prosecution case in brief was that on 2.9.1973 at about 8 A.M. near the brick-kiln by the side of Marehra-Meraichi Road the revisionist was found carrying buffalo milk for sale in a milk container. Sri B.N. Dixit (P.W. I) who was the Food Inspector at that time took a sample of that milk in the manner prescribed. The sample was divided into three equal parts and was placed in three bottles. One of the bottles was sent to the Public Analyst who found the sample deficient in non-fatty contents by about 20%. As regards fat contents, it conformed to the prescribed standard. After obtaining necessary sanction of the District Medical Officer of Health, Etah, a complaint was filed.

(3.) The revisionist denied the said charge and gave out that the milk which he was carrying was not meant for sale. He was taking it to his house to celebrate the Dasthon ceremony of his brother's son. Hoti Lal (D.W. 1) was examined in support of this contention.