J.P. Chaturvedi, J. - (1.) This is a revision by Sher Singh against the order of the learned Sessions Judge, Mathur, dated 29th September 1972 upholding his conviction for an offence under section 16 read with section 7 of the Prevention of Food Adulteration Act but reducing the sentence to three months rigorous imprisonment and a fine of Rs. 1000/-. In default of payment of fine the appellant was ordered to undergo rigorous imprisonment for four months.
(2.) The prosecution case was that on 3rd October 1971 at 8.30 P.M. at Mohalla Naugaja in the town of Mathura the Food Inspector, Prem Prakash Tewari, found the applicant Sher Singh selling milk. The Food Inspector disclosed his identity and gave him a notice in form No. 6 that he intended to take sample of milk for analysis. Accordingly he purchased 660 ml. milk and paid 75 Paise to the appellant. The said milk was divided into three bottles and to each of the bottles 18 drops of formalin were added. The bottles were packed, labled and sealed and one of them was sent to the Public Analyst. The Food Inspector also obtained a receipt for the amount paid by him to the applicant. The Public Analyst reported that the sample milk was adulterated. It was deficient in fat content by 1.3 per cent and in non-fatty solids by 4 per cent. The fat was 5.2 per cent and non-fatty solids were 8.6 per cent. The standard from which, the milk was judged was that of a buffalo milk.
(3.) A complaint was filed against the applicant who pleaded not guilty. He staled that he had been implicated out of enmity with the Jamadar.;