I.M.Quddusi, J. - (1.) Heard the learned counsel for the petitioner and the learned A.G.A.
(2.) This is a criminal revision preferred by the revisionist against his conviction under Sections 7(1), 16(1) (a) (1) of Prevention of Food Adulteration Act by the 1st A.C.J.M., Banda vide order dated 10.2.95 in case No. 675/94 State v. Shri Pal , sentencing the revisionist to six months Rigorous Imprisonment and a fine of Rs. 1000/- and in default in making payment of fine two months more Rigorous Imprisonment. An appeal was also preferred by the revisionist as criminal appeal No. 7 of 1995, Shri Pal v. State , which was heard and dismissed vide judgment and order dated 23.7.97 by the Special Judge (Dacoity Affected Areas) Act, Banda.
(3.) The brief facts of the case are that one B.K. Gandhi posted as Food Inspector, Jaurahi of P.S. Kotwali Nagar, District Banda purchased the cow milk from the revisionist Shri Pal, the milk seller near Pragi Talab within the circle of Police Station Kotwali Nagar, Banda for getting it examined through Public Analyst. After taking the sample the Food Inspector prepared the notice on the prescribed form and the signatures were obtained from the revisionist and the witness, Shiv Prasad Awasthi. The Food Inspector also obtained receipt towards the purchase of the milk by making payment and prepared the samples of the milk in question. The Public Analyst submitted its report, stating therein that the milk solids non-fat was found less by about 34% in comparison to standard cow milk solids non-fat. Thereafter the Food Inspector submitted a report to the Local Health Authority/Chief Medical Officer. Banda, recommending for prosecution of the revisionist and the sanction was accorded by the C.M.O. for the prosecution of the revisionist vide order dated 23.8.93. Ultimately one M.P Ahirwar, Food Inspector filed a complaint against the revisionist under Sections 7(i)/16(l) (a) (i), Prevention of Food Adulteration Act for selling adulterated milk.;