MEHBOOB KHAN Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner is hereby assailing the correctness, propriety and legality of the order of conviction and sentence which has been passed by the J. M. F. C. Sarangpur in Cr. Case No. 682/88, wherein, the petitioner was convicted for an offence punishable under Section 16 (1) (A) (i) read with Section 7 (1) of Prevention of Food Adulteration Act, 1954 (for short 'the Act, 1954' ).

(2.) THE prosecution case in brief is that, on 18-5-1988 at about 8. 15 A. M. or so, Food Inspector Rijwi was present at Sarangpur Bus Stand, where he saw the petitioner holding two cans containing milk. The Food Inspector Rijwi informed the petitioner that he intended to purchase the said milk for the purpose of sending it to Public Analyst for analysis and, thereafter, purchased 750 Ml. of milk by making necessary payment in money. The said milk was divided in 3 separate samples by collecting those samples in clean, dry glass jars and 20 drops of formalin were added in it. Those glass jars were, thereafter, packed, sealed by using the thread. The seals were affixed on it and the samples were forwarded to the office of Public Analyst for analysis. The Public Analyst after analysing the same, opined that the said sample was containing fat to the extent of 5. 1% solids not fat 7. 14% and thus, opined that the said milk was adulterated.

(3.) AFTER appreciating the evidence on record, the learned Magistrate held that the prosecution had proved the charge levelled against the petitioner for commission of the offence mentioned above. He passed the order of conviction and sentence against him as mentioned in the judgment. The learned A. S. J. heard the appeal against it and affirmed the order of conviction and sentence and that is being assailed by this revision petition by the petitioner in this Court.