MADHO LAL Vs. STATE

JUDGEMENT

(1.) THIS revision petition is directed against the Judgment of the learned Sessions Judge, Jhalawar dated 14-9-1977 affirming the conviction of the accused-petitioner u/s 16 (1) (c) of the Prevention of Food Adulteration Act, | 1954 (hereinafter referred to as the Act), as well as the sentence of six months R. I. and a fine of Rs. 1,000/-, or in default to further suffer one and a half months R. I. awarded by the learned C. J. M. Jhalawar vide his judgment dated 13-8-76. It arises in the following circumstances.

(2.) KIRPARAM (PW l) alleging himself to be the Food Inspector, Jhalawar, on suspicion that the accused petitioner, who was a vendor of milk was carrying adulterated milk for sale, wanted to take the sample of the milk from the accused, but the accused, it is alleged, refused to give the sample and spilled the milk from the cans on the ground, and thereby prevented the Food Inspector from taking the sample. A complaint was filed against the accused, and the case of the accused was that the circumstances appearing against him were not correct. On the other hand, a defence was led that the accused had given out to. the Food Inspector that there was no milk with him. The learned C. J. M. convicted and sentenced the accused-petitioner, and, as already observed above, the learned Sessions Judge affirmed the same.