K. C. Agarwal, J. - (1.) THIS revision is directed against judgment of the learned Sessions Judge, Muzaffarnagar dismissing the appeal filed by the applicant against his conviction under Section 7/16 of the Prevention of Food Adulteration Act and sentencing him to six months' rigorous imprisonment and imposing a fine of Rs. 1,000.
(2.) THE case of the prosecution was that on January, 24,1970 at about 8-30 a. m. the accused applicant was carrying milk in 3 cans where the Food Inspector purchased certain quantity of milk on payment of money to the applicant and thereafter divided the milk into three parts and sent one of them to Public Analyst who reported that the milk was adulterated inasmuch as the sample sent to him was deficient in fats by 30 per cent and non fatty solids by 12 per cent. Subsequently after obtaining the sanction of the District Medical Officer of Health the applicant was prosecuted and a charge-sheet was submitted against him. The applicant pleaded not guilty and alleged that Jaipal Singh, Food Inspector did not purchase any milk from him on 24th January, 1970. It was alleged by the applicant that the Food Inspector caught hold of the applicant in the court and got his thumb-impression made on the recovery memo on that date in the court premises under threat and coercion.
(3.) RELYING on the statement of the Food Inspector and the report of the Public Analyst the court below held that the applicant was guilty of the offences under Section 16(1)(a)(3) read with Section 3 and Section 7 of the Prevention of Food Adulteration Act. In that view of the matter applicant was awarded the sentences already indicated above. Aggrieved by this judgment the present revision has been filed in this Court.;