SURESH CHAND Vs. STATE OF U P

JUDGEMENT

(1.) BHAGWAN Din, J. This Criminal revision has been directed against the judgment and order dated 24-1-1983 passed by the Xth Addl. Sessions Judge, Agra, dismissing the appeal filed by the present revisionist and confirming the conviction and sentence awarded to him by the Munsif Magistrate, Agra.

(2.) BRIEFLY stated facts giving rise to the present revision, are that on 16-5-1977 at about 4 p. m. the Food Inspector, Sri P. D. Kain intercepted the revisionist while he was selling cow-milk at Namner crossing, the disclosed his identity and served a notice exhibiting his intention to purchase the milk for analysis. Then he purchased the milk and divided the sample in three equal parts, kept in three dry and clean bottles and scaled on the spot. He handed over one of the bottle to the present revisionist and prepared a memorandum of taking sample on the spot. The Food Inspector thereafter sent a sealed bottle containing sample to the Public Analyst, U. P. Lucknow for analysis and report and deposited the other one in the office of CM. O. Agra.

(3.) THE trial Court relying on the tes timony of the above two witnesses, con victed the revisionist and sentenced him to a period of six months' RI and also to a fine of Rs. 2,000. Against the order of convic tion and sentence awarded to the revisionist, he filed an appeal before the Sessions Judge, Agra which ultimately came up for hearing Defore Xth Addl. Ses sions Judge, Agra. After hearing the par ties Counsel, the Addl. Sessions Judge dis missed the appeal and maintained the con viction and sentence awarded by the trial Court. Hence, the revision.