JUDGEMENT
J.P.Chaturvedi, J. -
(1.)This is a revision against a judgment and order of the learned Sessions Judge, Aligarh dismissing an appeal of the applicant Braj Behari Lal and affirming his conviction u/s 16 read with Sec. 7 of the Prevention of Food Adulteration Act and sentence of six months' R I. and fine of Rs. 1,000.00, recorded by the learned Judicial Magistrate II, Aligarh. In default of payment of fine the applicant was further to undergo rigorous imprisonment for three months.
(2.)The prosecution case was that the applicant Braj Behari Lal runs a shop in Mal-godown street, near the grave of Dog, in the town of Aligarh. On Oct. 19, 1977 at 1.45 p.m., Food Inspector Ranvir Singh inspected his shop and found the applicant selling boiled milk. He purchased 660 millilitres of milk on payment of Rs. 1.62 p. to the applicant. He also gave him notice in form No. 6 stating that the sample milk was being purchased for analysis. He obtained a receipt for the price given from the applicant. The sample milk was sent to the Public Analyst who found that the sample milk contained 5.3 per cent of fat and 8.5 per cent of non-fatty solids, and that it was deficient in milk fat by 12 per cent and non-fatty solids by 6 per cent. It was, therefore, found to be adulterated. After obtaining usual sanction from the Chief Medical Officer, the Food Inspector made a complaint against the applicant on 10-5-1978.
(3.)The applicant pleaded not guilty. He stated that he did not deal in milk and that the milk was meant for preparing Khoa.
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