N.N.Sharma, J. - (1.) This revision is directed against the order dated 4th December, 1980 by Sri Gaya Prasad learned 6th Addl. Sessions Judge Mainpur in Criminal Appeal No. 275 of 80 dismissing the appeal and upholding the conviction and sentence of revisionist Under Section 7/16 Prevention of Food Adulteration Act 37 of 54 as amended up-to-date by Sri Satish Kumar 2nd Addl. Munsif Magistrate Mainpur dated 12-9-1980 in case No. 421 of 1979. The revisionist was sentenced to R. I. for a period of six months; a fine of Rs, 1000/- was also imposed upon him. In default he was sentenced to two months' R. I.
(2.) The revisionist was found .carrying for sale in a can goat milk on 29-1-1978 at about 10 A.M. at Etah Bus Stand Shi-kohabad by Sri B. P. Chaudhari (PW 1) the then Food Inspector of the circle. The Food Inspector purchased 660 m.l. milk on payment of Re. 1/- for analysis by Public Analyst Lucknow. The sample was divided according to rules and a portion of it was sent to Public Analyst for examination after taking necessary precautions. The report of Public Analyst Exh. Ka. 4 dated 13-3-1978 disclosed that milk fat was 5.8% and non-fatty solids were 7.4%. Thus non-fatty solids were deficient by 18% according to the standard prescribed for goat milk in U. P. which is 3.5% for fat contents and 9.0% for non-fatty solids.
(3.) The revisionist was accordingly tried, convicted and sentenced as aforesaid.;