NARAYANSINGH Vs. STATE OF M.P. AND ANOTHER

JUDGEMENT

(1.) It has been found by the Courts below that on 15-2-1976 while the accused was selling milk in the Beswamataji's Mela the Food Inspector or B.C. Tilwani (PW1) purchased the milk from him for the purpose of analysis and the same on analysis by the Public Analyst, Bhopal found to be adulterated inasmuch as the milk fat contents were 40% and the milk solids not fat contents were 7.8% as against the required 5%, and 90% respectively according to the prescribed standard.

(2.) The defence of the accused was that he was not the vendor as the milk was stored for sale by PW2 Bherulal and not by him.

(3.) In my opinion, this revision application deserves to be partly allowed on the question of sentence of imprisonment.