SOHAN Vs. STATE

JUDGEMENT

(1.) THIS is an application in revision by Sohan against his conviction under Section 16 read with Section 7 of the Prevention of Food Adulteration Act, 1954 (hereinafter called the Act ). The trial Magistrate sentenced him to rigorous imprisonment for three months and a fine of Rs. 500/- in default of payment of fine to further imprisonment for three months. In appeal the sentence was reduced to payment of fine of Rs. 500/- only.

(2.) THE charge against him was that on 3rd March, 1959 at about 9 a. m. , he was found selling Cows' milk near Kabootro-Ka-Chowk in Jodhpur City from which some milk was purchased by the Food Inspector of Jodhpur Municipality who divided it in three parts, filled it in three bottles, sealed them and sent one of them to the Public Analyst and on his report that it was adulterated, obtained the consent of the Chairman, Municipal Board for his prosecution and filed a complaint in the court of the Munsif Magistrate, First Class, Jodhpur. The report of the Public analyst showed that the percentage of solid non-fat did not conform to the prescribed standard. The courts below have therefore, found that the petitioner was guilty of selling adulterated milk.

(3.) IT is not disputed that the petitioner was offering milk for sale on 3rd March, 1959 from which Shri Pyare Nath Narhari, Food Inspector of Jodhpur Municipality purchased milk worth -/6/-and after putting it in 3 bottles and sealing them sent one of them to the Public Analyst