CHANDRAPAL SINGH TYAGI Vs. STATE OF U.P.
LAWS(ALL)-1981-2-78
HIGH COURT OF ALLAHABAD
Decided on February 27,1981

Chandrapal Singh Tyagi Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

Murlidhar, J. - (1.)Revisionist Chandrapal Singh Tyagi has been convicted under Sec. 7/16 Prevention of Food Adulteration Act and sentenced to R.I. for six months and a fine of Rs. 1000.00 in default further R.I. for six months.
(2.)The prosecution case was that on 27-6-78 at about 10 A.M. the food inspector took a sample of buffalo milk carried by revisionist for sale. On analysis by the public analyst per report dated 24-7-78 the milk was found to contain only 5 6% fat content and 7.0% non-fat solid content. The case of the revisionist was that the milk was cow milk, that it was not for sale and that he was taking it to Najibabad for his nephew Suresh. The food inspector's assertion was that the revisionist had given out milk as buffalo milk that it was milk for sale and that there was a milk measure also with the revisionist. He denied that the milk was being carried for the nephew. In fact the suggestion put to him on one stage was that the milk was being carried for the brother's wife and later that it was being carried for the brother's son. The two defence witnesses the brother Rohtas Kumar and Mehadi Hasan the latter stated that it was being carried for the brother's wife but the former although initially saying that he had got the milk for his wife added that he had also got for his son who is studying at Najibabad. The courts below have rejected the defence version of the milk not being for sale. I do not find any infirmity in this concurrent finding justifying interference in revision.
(3.)The only other point is about adulteration. The food inspector's evidence that the milk was given out as buffalo milk has remained unrebutted and has been accepted by the courts below Th-'s port need not be laboured because the milk is adulterated even if judged from the standard prescribed for the cows milk non-fatty solid contents being only 7%. So far as the sentence goes the appellate court has already awarded the minimum sentence.


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