SUA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) On July 14, 1973 PW I S. L. Santoshi, Food Inspector found the accused carrying milk for sale. After giving the required notice he purchased 660 millilitres of milk. The sample was divided into three equal parts and each part was filled in separate, clean and dry bottles. One of the bottle was sent to the Public Analyst at Jaipur for analysis and the other one was given to the accused. The sample of the milk was found to be adulterated, as it did not comply with the prescribed standard and it contained 24% of the added water. After obtaining the requisite sanction the Food Inspector submitted a complaint against the accused-petitioner in the Court of Chief Judicial Magistrate, Sawai Madhopur.

(2.) The learned Magistrate after placing reliance on the statements of PW 1 S. L. Sautoshi and PW 2 Babulal and the report of the Public Analyst held the accused guilty of the offence punishable under Sec. 7/16 of the Prevention of Food Adulteration Act (hereinafter referred to as 'the Act') and sentenced him to six months' simple imprisonment and a fine of Rs. 1,000.00.

(3.) The aggrieved accused went up in appeal, which came up for decision before the learned Sessions Judge, Sawai Madhopur, who by his judgment dated July 20,1977 partly accepted the appeal. The conviction of the accused-petitioner under Sec. 7/16 of the Act was maintained, but the sentence awarded to him was reduced to three months' simple imprisonment and a fine of Rs. 1,000.00. Hence this revision.