- (1.) This revision by convict is directed against the judgment and order dated 12.7.1984 rendered by learned Sessions Judge, Sitapur in Criminal Appeal No. 37 of 1984 whereunder he affirmed the conviction and sentence awarded to the revisionist by the learned Magistrate in connection with an offence under Section 7/16 of the Prevention of Food Adulteration Act, 1954 (the Act).
(2.) In brief, the relevant facts are that on 22.10.81 at about 8 a.m. Chief Food Inspector, Sitapur found the revisionist in possession of about 18 litres of cows' milk which was kept for sale in two canes on a bicycle. He purchased 750 ml. of milk from the revisionist on payment of Rs. 1.50. After observing the necessary formalities as required by law, one phial of the sample was sent to the Public Analyst who reported deficiency of 71% in milk fat and 34% in non-fatty solids. After obtaining the requisite sanction for prosecution the Food Inspector instituted a complaint against the revisionist in the competent court. The learned Magistrate after trial found the revisionist guilty and sentenced him under Section 7(i)/16(1)(a)(i) of the Act to undergo six months' R.I. and fine of Rs. 1.000 and in default to undergo three months' more R.I. The appeal against this order of conviction and sentence met with failure. Hence this revision.
(3.) I have heard the learned Counsel for the revisionist as also learned Addl. Government Advocate and perused the lower court record.;