N.N. Sharma, J. - (1.) This revision is directed against the order dated 19th December 1980 passed by Shri K.S. Rakhara v/s. Addl. District & Sessions Judge Criminal Appeal No. 126 of 1980, Jalaun at Orai who modified the judgment of the learned trial Magistrate in Criminal Appeal No. 126 of 1980 and sentenced the revisionist to three month's RI and a fine of Rs. 500/ - under Sec. 7(v) and Rule 50 of the Prevention of Food Adulteration Act read with Sec. 16(1)(a)(ii) of the aforesaid Act.
(2.) This revision arose under the following circumstances: It is alleged that on 18 -11 -78 at about 10 a. m. the revisionist was found selling the mixture of cow and she buffalo milk near the Railway Station Orai district Jalaun when he was intercepted by Shri B.L. Dohre, Food Inspector, PW 1, who disclosed his identity and purchased the sample of milk after observing all the necessary formalities. The Public Analyst who analysed the sample found it deficient in non -fatty solids by 11% vide his report Ex. Ka -4. Necessary sanction for the prosecution was procured from the Chief Medical Officer and the complaint Ex. (sic) 5 was submitted initiating these proceedings.
(3.) In his statement the revisionist alleged that he did not sell the milk to the Food Inspector ; he was carrying the milk for his relative Mansha Ram DW I in connection with the recitation of the Katha at his house. The Food Inspector wanted to take a sample of the same and since the Appellant refused, the Food Inspector felt annoyed and he obtained signature of the Appellant on a blank paper and has falsely implicated him.;