Research › Browse › Judgment

Allahabad High Court · body

1980 DIGILAW 1086 (ALL)

Chunni Lal v. State of U. P

1980-11-14

P.N.BAKSHI

body1980
JUDGMENT P.N. Bakshi, J. - The applicant has been convicted under sections 7/16 of the Prevention of Food Adulteration Act and sentenced to 6 months R.I. and a fine of Rs. 1000/-. His conviction and sentence has been maintained in appeal by the Sessions Judge, Saharanpur. Hence this revision. 2. I have heard learned counsel for the applicant and have also perused the impugned orders. 3. According to the prosecution case a sample of milk was purchased by the Food Inspector from the applicant on 15th June, 77. He was carrying this milk in two separate drums on his cycle. On inquiry, he disclosed that the milk was mixed milk of Cow and Buffalo. Samples were duly taken in accordance with law. One of the sample phials which was sent for analysis to the Public Analyst disclosed that the milk was adulterated inasmuch as it was deficient in fat contents by 11 per cent and in non-fatty solids by 22 per cent. After obtaining sanction the applicant has been prosecuted and convicted as above. 4. Both courts below have concurrently held the case of the prosecution fully established. I do not find any illegality or perversity in the findings of fact recorded by them. 5. Counsel for the applicant has submitted that if the milk in question was examined as cows milk, in that case the deficiency would only be in non-fatty solids. He, therefore, submits that the sentence may be reduced. I am afraid it is not possible for me to give him relief on this ground because after the amendment by Act No. 34 of 1976, which was fully applicable to the facts of the present case, the minimum sentence which law provides is six months R.I. and a fine of Rs. 1000/-. Moreover, the case of the prosecution has been accepted that the milk in question has been disclosed as mixed milk of Cow and Buffalo by the vendor and it was adjudged from that standard. It disclosed a deficiency of 11 per cent in fat contents and 32 per cent in non-fatty solids. As such it is not possible for me to give any relief whatsoever to the applicant. 6. There is no merit in this application of revision which is hereby dismissed. The applicant is on bail. He shall be taken into custody forthwith to serve out the unexpired portion of the sentence of imprisonment. As such it is not possible for me to give any relief whatsoever to the applicant. 6. There is no merit in this application of revision which is hereby dismissed. The applicant is on bail. He shall be taken into custody forthwith to serve out the unexpired portion of the sentence of imprisonment. The interim order passed by this court dated 16-11-79 is hereby vacated.