J.M.L. Sinha, J. - (1.) This revision arises out of the judgment and order dated 21st June, 1972, passed by the Sessions, Etawah, whereby he confirmed the judgment and order dated 24th of April, 1972 passed by the City Magistrate, Etawah, convicting the applicant under section 7 read with section 16 of the Prevention of Food Adulteration Act and sentencing him to pay a fine of Rs. 1,500/-. In default of payment of fine, the applicant was directed to undergo six months' rigorous imprisonment.
(2.) On 22nd of August, 1971, Sri R.N. Dubey, Food Inspector, Etawah, found the applicant selling milk in a locality known as Station Baza-ria. The Food Inspector collected sample out of the milk in possession of the applicant. State The formalities prescribed under the law were duly complied with. One part of the sample was sent to he Public Analyst, who reported it to be adulterated. A complaint was, therefore, preferred for the prosecution of the applicant.
(3.) During his examination in the trial court, the applicant accepted that the sample was collected by the Food Inspector out of the milk in his possession. He, however, pleaded that the milk was of cow and mixed milk of cow and she-buffalo.;