- (1.) THE applicant has been convicted under Section 7/16 of the Prevention of Food Adulteration Act and sentenced to three months rigorous imprisonment and a fine of Rs. 500/-, In default of payment of fine he is to undergo further three months R. I. His conviction and sentence have been confirmed in appeal by the Sessions Judge, Saharanpur. Hence this revision.
(2.) BRIEFLY stated the facts are that the Food Inspector Sri Gajram Singh purchased a sample of cow's milk from the accused applicant at about 8 A. M. on 30th April 1977. The sample was sent for analysis. The report of the Public Analyst indicated that the sample contained 6. 6 per cent fat and 7. 4 per cent non-fatty solids. The sample was thus deficient in non-fatty contents, according to the prescribed standard. Both the courts below have concurrently held the prosecution case proved. These are findings of fact which cannot be disturbed in revision.
(3.) LEARNED Counsel for the applicant has argued before me that the Additional Chief Judicial Magistrate, who has passed the impugned order of conviction, had no jurisdiction to try the accused. In support of his argument he has placed reliance upon Section 16-A of the Prevention of Food Adulteration Act, 1954, which runs as follows: Notwithstanding anything contained In the Cr. P. C. 1973 (2 of 1974), all offences under Sub-section (1) of Section 16 shall be tried In a summary way by a Judicial Magistrate of the first class specially empowered in this behalf by the State Government or by a Metropolitan Magistrate and the provisions of Sections 262 to 265 (both inclusive) of the said Code shall as far as may be, apply to such trial. Provided that in the case of any conviction in a summary trial under this section, it shall be lawful for the Magistrate to pass a sentence of imprisonment for a term not exceeding one year: Provided further that when at commencement of, or in the course of, a summary trial under this section, it appears to the Magistrate that the nature of the case is such that a sentence of imprisonment for a term exceeding on a year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the Magistrate shall after hearing the parties, record an order to that effect and thereafter recall any witness who may have been examined and proceed to hear or rehear the case in the manner provided by the said Code. ;