DILIP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) On Nov. 22, 1980 at Pushkar, Distt. Ajmer, PW 2 Gauri Shankar. Food Inspector had purchased 660 ml. of milk from the petitioner Dilip Singh. On chemical examination the sample milk was found adulterated due to its on conforming with the prescribed standard, presence of 20% of added water and extraction of about 20% of fat therefrom. On trial, the trial Magistrate found the petitioner guilty of the offence u/s. 7(1) of the Prevention of Food Adulteration Act, 1954 (the Act), convicted him as such and sentenced him u/s 16(1) of the Act for six months simple imprisonment and a fine of Rs. 1,000/-. His appeal before the learned Sessions Judge, Ajmer having failed, the petitioner has approached this Court by way of this application u/s. 397, Cr. P.C.

(2.) In exercise of its revisory jurisdiction this Court does not interfere with the concurrent findings of the inferior Court unless such findings are perverse and found recorded in total disregard of the relevant provisions of law and lead to miscarriage of justice. The present case is found to be one of such cases.

(3.) Of the several arguments, advanced before me by the learned counsel for the petitioner, the one which has found favour with me is that the evidence on the point of adulteration of the sample milk is not satisfactory and worth reliance.