- (1.) N. N.Sharma, J.
(2.) THIS revision is directed against the order of Sri P. N. Lal, learned Vth Addl. Sessions Judge, Muzaffarnagar, dated 20-3-1982 by which criminal appeal No. 193 of 1981 preferred by the revisionist was dismissed and his conviction under Section 7/16 of Prevention of Food Adulteration Act (37 of 1954) as recorded by Sri Subhash Chandra, Special Judicial Magistrate, Muzaffarnagar in criminal case no. 736/9 of 1981, under Section 7/16 of the aforesaid Act was affirmed. His sentence of nine months R. I. and a fine of Rs.1000/- and in default further R. I. for four months was also affirmed. Briefly stated prosecution case was that Ram Singh, Food-Inspector PW 1, on 30-4-1979 at about 8 or 10 a. m. found the revisionist carrying milk in cannes for sale. In front of the shop of Abdul Qarim in Thana Bhawan town the food-inspector purchased 660 ml. milk for Rs. 1.24 Paise after disclosing his identity. It was given out as buffalo milk. After sampling the milk in accordance with the Rules the milk was sent to Public Analyst who found the milk deficient in fatty contents which was detected as 5.7 per cent non-fatty solids were found as 8.3 per cent. There was deficiency of 8 per cent in non-fatty solids vide report dated 31-5-1979 Ext. ka-7. After all the requirements of the Rules were satisfied the revisionist was sentup.
(3.) PROSECUTION examined Ram Singh, Food-Inspector, PW 1, Abdul Qarim PW 3 on the point of sampling, Mool Chand Garg clerk of the Office of Chief Medical Officer, PW 2, to prove the dispatch of the report of Public Analyst by the Office of the Chief Medical Officer alongwith the letter to satisfy the requirements of Section 13 (2) of the aforesaid Act. Prosecution case was testified by the Food-Inspector, Ram Singh PW 1, and Abdul Qarim, PW 3 who also tried to help the revisionist and was declared hostile.;