M. Murtaza Hussain, J. - (1.) Ramu petitioner has been convicted under section 7/16 of the Prevention of Food Adulteration Act by a Magistrate of the First Class at Meerut and has been sentenced to undergo six months' R.I. and a fine of Rs. 1000/- or in default to undergo further R.I. for one month. He filed an appeal before the Sessions Judge, Meerut which was dismissed in its entirety.
(2.) The prosecution case is that at about 7 a.m. on 25-5-1971, the petitioner was taking milk for sale on a bicycle at Delhi-Meerut Road. The Food Inspector purchased sample of that milk. It was sent for analysis. The public Analyst found the milk to be adulterated. A complaint was filed against the petitioner. He pleaded not guilty and suggested his false implication due to enmity.
(3.) The statements of M.L. Agarwal, (P.W. 1), Food Inspector and Ravindra Kumar (P.W. 3) prove that the petitioner was carrying milk for sate and the sample was duly taken by the Food Inspector. The report of, the public Analyst establishes that the milk was adulterated. The petitioner was therefore rightly convicted.;