TIKAM RAM Vs. STATE

JUDGEMENT

(1.) The applicant has been convicted under Sections 7/16 of the Prevention of Food Adulteration Act and sentenced to 6 months' R.I. and a fine of Rs. 1000.00. In default of payment of fine he was to undergo 3 months' R.I. His conviction and sentence has been maintained in appeal by the Sessions Judge, Agra. Hence this revision, which was admitted on the question of sentence.

(2.) I have heard learned counsel for the applicant and have also perused the impugned orders.

(3.) According to the prosecution case a sample of milk was purchased by the Food Inspector from the applicant on 20th June 1976 at 7 A.M. in accordance with the procedure prescribed by law. One of the sample phials was sent for analysis to the Public Analyst, whose report disclosed that it was deficient in fat contents by 20 percent and in non-fatty solids by 22 per cent, judged on the standard of buffalo milk. After obtaining the sanction, the applicant has been prosecuted and convicted as above.