V.N.MISRA,J. - (1.) THIS is an application in revision by Babu Lal against the judgment and order dated 6.6.1981 of Sri U.S. Trivedi IX Additional Sessions Judge, Kanpur, by means of which he dismissed Criminal Appeal No. 204/M of 1980 and upheld the conviction and the sentence of the applicant as recorded by Sri S. K. I. Naqvi, Metropolitan Magistrate, Kanpur.
(2.) Briefly stated the facts involved in this case are that on 23.8.1977 at about 11 a.m. Sri R. K. Gupta, Food Inspector, Kanpur, Nagar Mahapalika, found the applicant selling mixed milk of cow and buffalo near Kailash Bhawan, premises No. 72/2, Shutarkhana, Kanpur. The Food Inspector disclosed his identity and obtained 660 mls. sample of milk and paid its price Rs. 1.69 p. and obtained a receipt. He also gave a notice in Form VI to the applicant intimating that he intended to send this sample for analysis. He divided the sample in three parts and sealed it in three clean phials after adding formaline. One of these when sent to the Public Analyst was found to contain 5.7 per cent milk fat and 7.8 per cent non -fatty solids. Thus, the sample was deficient in non -fatty solids and was found adulterated. On the application of the applicant this sample was then sent to the Director, Central Food Laboratory, Calcutta and he too found that non -fatty solids in this milk were only 8.13 per cent and since the standard prescribed for non -fatty solids in such milk in 8.5 per cent it was found deficient in non -fatty solids and adulterated. The applicant was, therefore, prosecuted and has been convicted as aforesaid.
(3.) In this case sample of milk was taken on 23.8.1977. It was sent to the Public Analyst on 27.8.1977 three days after that impression of the seal was sent to him on 30.8.1977 and his report was received on 14.10.1977. This report was sent to the applicant was required by section 13(2) of the Act and on 9.8.1979 the applicant made an application to the Magistrate that the other phial of the sample milk taken be sent to the Director of Central Food Laboratory, Calcutta. On 6.9.1979 the other phial of the sample was received from the office of the C.M.O. and it was sent to the Director, Central Food Laboratory. On 31.10.1979 the report of the Director was received that the sample had completely leaked out and he asked for the third phials of the sample, so that this milk could be analysed. On 6.12.1979 the third phial was also sent to the Director, Central Food Laboratory and then he found that the non -fatty solids in this milk were only 8.13 %. Since this was short of 8.5 per cent which is the standard prescribed for non -fatty solids, therefore, the milk was found adulterated by him also.;