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Allahabad High Court · body

1980 DIGILAW 811 (ALL)

Munna Lal v. State of U. P

1980-09-05

V.K.KHANNA

body1980
JUDGMENT V.K. Khanna, J. - The applicant was prosecuted under section 7/16 of the Prevention of Food Adulteration Act. 2. On 25th May, 1977 Food Inspector Jalaun purchased a sample of mixed milk of cow and goat in accordance with the procedure prescribed by law. The sample was sent for analysis to the Public Analyst whose report disclosed that the sample was deficient in fat by about 29% and non-fatty solids by about 26%. The written consent of the concerned Chief Medical Officer of Health was thereafter obtained and prosecution was launched against the applicant. 3. The prosecution, in support of its case, examined Shri B.L Dhohere. Chief Food Inspector as P.W.1, Sri Subhash Chandra Diwivedi as P.W.2 and Sri Krishna Prasad as P.W.3. The applicant examined one defence witness Sri Kanhaiya Lal. 4. The trial court found the applicant guilty and convicted him under Section 7/16 of the Prevention of Food Adulteration Act and sentenced him to six months rigorous imprisonment and a fine of Rs. 1000/-. 5. In the present revision, learned counsel for the applicant has firstly urged that there was no compliance of the provisions of Section 10(7) of the Prevention of Food Adulteration Act. The aforesaid contention has no substance Independent witnesses were present at the time of taking the sample. Therefore, there has been due compliance of the provisions of Section 10(7) of the Prevention of Food Adulteration Act. 6. Secondly, it was urged by the learned counsel for the applicant that the milk, which was being kept by the applicant, was for other purposes and not for sale. 7. I have carefully gone through the two judgments and in my opinion, the two courts below have, on the appreciation of the evidence on record, rightly held that the applicant was found exhibiting mixed cow and goat milk for sale and he did sell the same to the Food Inspector. The learned counsel has not been able to show me any illegality in the judgments recorded by the two courts below. 8. For the reasons given above, the present revision fails and is dismissed. The applicant is on bail. He will surrender to serve out the sentence.