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Allahabad High Court · body

1982 DIGILAW 175 (ALL)

Riyazuddin v. State of U. P

1982-02-05

V.N.MISRA

body1982
JUDGMENT V.N. Misra, J. - This is an application in revision by Riyazuddin against the judgment and order of Sri S.K. Saksena, VII Additional Sessions Judge, Meerut, by means of which he upheld that conviction of the applicant under Section 7/16 of the Prevention of Food Adulteration Act and confirmed I the sentence passed on him by the Judicial Magistrate, I Class (Court No 6) Meerut. 2. Briefly stated the facts involved in this case were that on 7.4.1977 at about 11 a.m. Sri Ved Prakash Verma, Food Inspector, found the applicant selling buffalo milk in village Dutt Nagar, Police Station Pilana district Meerut Suspecting the milk to be adulterated he purchased 660 mill-litre of this milk after giving a notice to the applicant and sealed it in three clean bottles after mixing formaline as preservative. One of these was sent to the public analyst and on analysis it was found that there was deficiency of 7 per cent of fatty and 19 per cent of non-fatty solids. Sanction of the Chief Medical Officer, Meerut, was therefore, obtained and after prosecution the applicant has been convicted as aforesaid. 3. The first point raised by the learned counsel for the applicant wat that in this case the sanction given by the Chief Medical Officer was a routine sanction and it was not indicated that there was any application of mind before according this sanction. From the papers it seems that the Food inspector sent all the relevant papers to Chief Medical Officer, since they were sent, they were bound to have been received in the office of the Chief Medical Officer and then the sanction was typed out and signed by the Chief Medical Officer. Since this sanction was not given on a printed form, but was given, may be after dictation, by the Chief Medical Officer himself, it cannot be supposed that there was no application of the mind and the sanction given was in any way invalid. 4. It was then urged that Section 10(7) of the Prevention of Food Adulteration Act was not complied with because none of the witnesses, taken at the time when this sample was drawn, was independent. 4. It was then urged that Section 10(7) of the Prevention of Food Adulteration Act was not complied with because none of the witnesses, taken at the time when this sample was drawn, was independent. P.W.1 was Ved Prakash Verma, Food Inspector, P W 2 was Jatan Singh who went hostile and did not support the prosecution and PW 3 was Sukhlal, an employee in the Health Section of the office of the Chief Medical Officer and, therefore, virtually of the same department as the Food Inspector. It does not seem that Jatan Singh was present because he did not sign any of the papers prepared at the spot where the sample was drawn. It would, therefore, seem that none of the witnesses examined, was an independent witness nor it was explained that independent witnesses were not available and could not be taken. There was thus breach of section 10(7) of the Prevention of Food Adulteration Act in this case. 5. It was then urged that the milk, which was taken from the applicant was not proved to be buffalo milk and could not be examined as such. Sukhlal, however stated that the applicant told the Food Inspector that the milk was buffalo milk and in the notice Exhibit Ka. 1 it was mentioned that it was buffalo milk. This notice was signed by Riyazuddin. It would, therefore, seem that Riyazuddin himself represented that the milk was buffalo milk and it was taken as such. 6. It was lastly urged that in this case the applicant was a minor and, therefore, it was a fit case in which benefit should be given to him under section 20-AA of the Prevention of Food Adulteration Act. PW 2 Sukhlal admitted that at the time when the sample was drawn the applicant seemed to be of fifteen or sixteen years only. It would, therefore, seem that the applicant was very young in years and that the provisions of Section 20-AA of the Act would apply to the facts of this case- 7. While, therefore, this revision is dismissed and the conviction of the applicant maintained, he is sentenced under section 4 of the U.P. First Offenders Probation Act and shall be released on furnishing bonds as wanted by the Chief Judicial Magistrate, Meerut.