MOHD. AFZAL Vs. STATE OF U.P.

JUDGEMENT

(1.) This revision application is by Mohd. Afzal against the order or dismissal of his appeal No. 85 of 1986. Against his conviction under Sec. 7/16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 brevity (hereinafter referred to as 'the Act') and the sentence of 6 months' R I. together with a line of Rs. 1000.00.

(2.) The relevant facts leading to the present case are that on 30th Aug., 1981 at about 8 a.m , the Food inspector, Nagarpalika Sambhal, finding the applicant taking away cow milk for sale in Mohallah Their took the Sample of the same on payment and also gave notice in form 6. The milk was divided into three parts and one of the phials was sent to the public Analyst whose report was received and the milk was found to be deficient in non fatty solids by 11 per cent. After obtaining the sanction and observance of all the formalities a complaint was filed. The applicant denied the purchase of the milk and all the allegations and also showed hit ignorance about the adulteration in the milk and pleaded not guilty to the charges framed against him.

(3.) Since the revision is admitted only on the question of sentence, it is not necessary to enter into the merits of the matter.