HAJI ABDUL SAMAD GOGRI Vs. STATE

JUDGEMENT

(1.) THIS is a criminal second appeal against the order of the learned Session Judge, Srinagar, dated 16 -12 -1967 whereby the appeal of the appellant against his conviction under section 15 of the J&K Prevention of Food Adulteration Act (Act No XII of 1958) has been dismissed.

(2.) THE facts relating to this case are that accused -appellant is alleged to have been carrying four maunds of cows milk on 26 -1 -1965. He was intercepted near Sonawar by the Food Inspector and the latter suspecting the genuineness of the milk, took 24 Ozs. of milk an sample from the appellant, divided it into three equal parts, sealing each part and one such part was sent to the Public Analyst. The Public Analyst, Mohi -Ud -Din, performed the test on the sample and found fat=2%, S. N. F.= 4.5% with an addition of 47.1% of water to this milk. It was found that the milk was adulterated. The appellant was challaned in the court of the Municipal Magistrate Srinagar and the evidence of Mohd Iqbal Food Inspector, Ali Mohd Mir, Moham -mad Amin Building Inspector was recorded by the trial Magistrate. The appellant denied having at all adulterated the milk. He was charge -sheeted on 24 -11 -65. He led no evidence in defence and was ultimately convicted by the Magistrate and sentenced to one years rigorous imprisonment and a fine of Rs. 2000/ -. The appellant was given enhanced punishment because he had committed a similar offence previously also. An appeal was preferred by the appellant before the learned Session Judge, Srinagar, who rejected the same and now the appellant has come in second appeal to this court, as stated above.

(3.) I have heard the arguments of the learned counsel for the parties in the case.