K.C.AGRAWAL,J. - (1.) THIS revision under Sections 297/401 on the Code of Criminal Procedure has been preferred by Rajendra Singh against the judgment of the Sessions Judge, Fatehpur, dated 3rd November, 1981 upholding his conviction by the Chief Judicial Magistrate, Fatehpur by his judgment dated 7.8.1981, convicting him under Sections 7/ J 6 of the Prevention of Food Adulteration Act and sentencing him to six months' R.I. and a fine of Rs. 1000/ -.
(2.) ON October, 3,1979, at about 9.45 a.m. Hari Shanker Bajpai, Food Inspector (P.W.1), found Rajendra Singh applicant carrying on his cycle milk in iron cans. The Food Inspector disclosed his identity and purchased 660 mi. on payment of price. After dividing the sample obtained into three parts, Hari Sanker Bajpai sent one of them to the Public Analyst for his opinion. Admittedly, milk obtained was mixed milk of cow and buffalo. Even on the cans it was written "Mishrit Doodh Gai Bhens". The Public Analyst on analysis found milk to be adulterated as it was deficient in non -fatty solids contents by 21 %. His analysis was that fat contents in milk was 5.4 % where as non -fatty solids was 6.7 %. The standard of mixed milk as given in Schedule B to the Prevention of Food Adulteration Act is 4.5 % fat and 8.5 % non -fatty solids. After obtaining sanction from the. Chief Medical Officer, the Food Inspector launched prosecution by filing the complaint before the Chief Judicial Magistrate, Fatehpur. By the Notification dated 20th January 1979. No. 4763/XVI -X -722 -55, the Governor has appointed with effect from the date of publication of the notification in the official gazette, all Chief Medical Officers as Local Health authorities to be incharge of the Health administration under the Prevention of Food Adulteration Act, 1954 for the whole of the district excluding cantonment areas, railway premises and railway colonies.
(3.) BEFORE the Chief Judicial Magistrate, the prosecution produced three witnesses who were Hari Shanker Bajpai (P.W. 1), Ram Saran, Sanitary Supervisor (P.W. 2) and Ram Krishna, Clerk of the C.M.O. office (P.W. 3).;