P.N.Bakshi, J. - (1.) The applicant has been convicted under sections 7/16 of the Prevention of Food Adulteration Act and sentenced to 6 months' R.I., and a fine of Rs. 1000/- by the trial Court. In appeal his conviction was maintained but the sentence of imprisonment was set aside. He was instead convicted to a fine of Rs. 2000/-. Hence this revision.
(2.) I have heard learned counsel for the applicant, and have also perused the impugned orders.
(3.) It appears that there is a Canteen run by the U.P. Government Employees Welfare Corporation, Kanpur, whose Assistant Manager is the applicant Mohan Lal Verma. The Food Inspector inspected this Canteen on 8th July, 1976. He went inside the kitchen and took a sample of standardised milk from a container of 10 litres which had been kept in the kitchen in accordance with the provisions of law. He divided the sample in three parts and bottled the same. He sealed the packets according to the formalities prescribed. He sent one sample phial to the Public Analyst, whose report disclosed that it was heavily deficient both in non-fatty solids as well as in fat contents. The prescribed standard for standardised milk was 4.5 per cent fat contents and 8.5 per cent non-fatty solids, whereas the milk contained only 2 per cent fat contents and 4.5 per cent non-fatty solids. After obtaining sanction, the applicant has been prosecuted and convicted as above.;