BHANWAR SINGH Vs. STATE OF M.P. AND ANOTHER

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 22-7-1982 passed by the First Additional Sessions Judge Ujjain, in Criminal Appeal No. 57 of 1982 whereby the petitioner's conviction under Sec. 7(1) read with Sec. 16(l)(a)(i) of the Prevention of Food Adulteration Act 1954, (hereinafter referred to as 'the Act') and the sentence of R. I. for one year and fine of Rs 1,000 in default to undergo R. I. for six months, have been maintained

(2.) According to the prosecution story, it was on 13-1-1930 when the petitioner was carrying about 25 litres of milk (of cows and buffaloes) in two containers for sale in Nugda, the Food Inspector Jailesingh (P W. 1) purchased sample of milk after observing due formalities. This was done in the presence of Himmatlal (P.W. 2).

(3.) On analysis, the Public Analyst found that the percentage of milk fat contents was 7 and that of solids not fat was 6 46. Milk solids not fat contents being less than the prescribed standard, it was opined that the sample of milk was adulterated. It may be pointed out that according to the standard prescribed for cow's milk which has to be applied to such mixture of milk, the percentage for milk solids not fat has to be 8.5.