J.M.L.Sinha, J. - (1.) This revision is directed against the judgment and order dated 17th November, 1980, passed by the Vth Additional Sessions Judge, Mathura, confirming the conviction and sentence recorded against the applicant by the trial court for the offence under section 7 read with section 16 of the Prevention of Food Adulteration Act.
(2.) The facts giving rise to this application can briefly be stated as under : On 2nd of May, 1977 at about 8 A.M. the Food Inspector, Brindaban, Mathura, took sample out of the milk in possession of the applicant. Due formalities prescribed under the law were complied with. One part of the sample was sent to the Public Analyst who reported it to be adulterated. A complaint was accordingly filed for the prosecution of the applicant under section 7 read with section 16 of the Prevention of Food Adulteration Act.
(3.) The applicant did not deny the taking of the sample of milk from his possession. He merely pleaded that the milk was not intended for sale and that he was carrying it in connection with a marriage. The trial court, on a consideration of the entire evidence, came to the conclusion that the charge under section 7 read with section 16 was made out beyond reasonable doubt against the applicant. The applicant was accordingly convicted and sentenced to six months R.I. and a fine of Rs. 1,000/-. In default of payment of fine, the applicant was directed to undergo 1 months further rigorous imprisonment. Aggrieved against it, the applicant filed an appeal in the court of sessions which was heard by the Additional Sessions Judge, Mathura. The learned Sessions Judge found the appeal devoid of substance and dismissed it vide his judgment dated 17th of November, 1980. Dissatisfied with it, the applicant has filed the present revision.;