ATTAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This revision filed by Attar Singh hereby impugning his conviction under Sec. 7/16, P.F A. Act was admitted by this Court on the question of sentences alone.

(2.) On being convicted under Sec. 7/16 of the Prevention of Food Adulteration Act and sentenced to undergo R.I for 3 months and also a fine of Rs. 500.00. The applicant went up in appeal before the Sessions Judge Rampur, which came to be heard and decided by II Addl. Sessions Judge, Aligarh. The learned II Addl. Sessions Judge, Aligarh upon a consideration of the facts and circumstances and appraisal of the evidence on record, dismissed the appeal and affirmed dm conviction and sentences recorded by the court below,

(3.) The facts of the case are that on 8.8 1981 at 9 a.m. the Food Inspector spotted applicant Attar Singh selling milk outside the Railway Boundary near the tubewell owned by Kapoor Saheb. On demand of licence, the applicant could not produce any licence, and hence he was challaned and after obtaining requisite permission of the Chief Medical Officer, a complaint was filed in the court for prosecuting the applicant.