V.P.MATHUR, J. - (1.) THIS revision which was admitted only on the question of sentence is directed against the judgment and order dated 8 -8 -84, passed by Mr. G. A. Farooqi, the then III Additional Sessions Judge, Kanpur, in Criminal Appeal no. 74/M of 1984. The learned Judge dismissed the appeal and confirmed the judgment and order dated 26 -3 -84, passed by Sri K. K. Tyagi, the then Metropolitan Magistrate, Kanpur Corporation in criminal case no. 1402 of 1983, through which the applicant was convicted and sentenced under Sec. 7/16 of the Prevention of Food Adulteration Act to six months' rigorous imprisonment and a fine of Rs. 1000/ - and in default to further undergo four months' rigorous imprisonment.
(2.) WHEN the case was taken up for arguments, the learned counsel wanted additionally to raise two legal points, namely that there has been non -compliance of the provisions of Sec. 10 (7) and Sec. 13 (2) of the Prevention of Food Adulteration Act, 1954. He was permitted to raise these two points which were legal but were based upon facts.
(3.) SO far as the facts are concerned, there is no dispute and they are to the following effect. On 28 -12 -1982 at about 12 noon Mr. S. N. Chaurasia, Food Inspector, found the accused selling milk in front of Cancer Hospital, G. T. Road, Kanpur. He made purchase of 600 m. Litres of milk after payment of Rs. 1.50. Then he put the sample into three separate phials, prepared spot memos and sent one phial to the Public Analyst. The report of the Public Analyst was to the effect that the sample was adulterated. Then a complaint was filed and after the evidence was taken, the accused applicant was convicted and sentenced.;