PARASRAM Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused was convicted by the Judicial Magistrate, First Class, Udaipur under section 7 read with section 16 of the Prevention of Food Adulteration Act (hereinafter referred to as 'the Act'), and was sentenced to undergo rigorous imprisonment for 12 months and to pay a fine of Rs. 1000.00, in default to undergo further rigorous imprisonment for three months. On appeal the learned Additional Sessions Judge, Udaipur confirmed the conviction but reduced the sentence to three months and maintained the sentence of fine.

(2.) The facts that gave rise to the prosecution of the accused briefly stated are these : On Dec. 20, 1972 Harbanslal (Food-Inspector) took sample of milk from the tea shop of the accused under the provisions of the Act. On analysis by the Analyst, it was found milk of cow and contained 4.9 percent fat and 6.80 percent non-fat solids, and 18 percent of water.

(3.) The accused denied that the milk was for sale, and that no sample was taken from him. In support of his case, he examined five witnesses. The courts below have rejected his defence.