RAMCHANDRA Vs. NAGARPALIKA PARISHAD SHAJAPUR AND ANOTHER

JUDGEMENT

(1.) This revision petition is directed against the order convicting the applicant under Sec. 7(1) read with Sec. 16(1) of the Prevention of Food Adulteration Act (hereinafter referred to as "the Act.) by the Judicial Magistrate First Class Shajapur and maintained in appeal by Sessions Judge, Shajapur.

(2.) The prosecution case in the trial court was that on 23-11-74 Modsingh (PW 1) Food Inspector of the Municipal Committee. Shajapur purchased milk from the applicant for analysis by the Public analyst After observing the necessary formalities, the sample was sent to the Public Analyst at Bhopal who vide Ex. P. 5, found that fat contents were deficient by 20 percent and solid non-fat contents were deficient by 85%. As for the purpose of the Act the milk so sold was found to be adulterated, the applicant was prosecuted and tried for the aforesaid offence. The defence of the applicant was that he was not guilty and was prosecuted because of personal animosity. The trial court as well as the appellate court found the prosecution case established and rejected the defence given by the applicant.

(3.) Having Examined the evidence on record and respective contentions of the parties, I am clearly of the opinion that in this case the applicant's conviction cannot be maintained.