S.K.GUPTA,J. - (1.) This criminal revision has been preferred against the judgment and order dated 10.01.1991 passed by Sessions Judge, District Banda in Criminal Appeal No. 62 of 1990 confirming the judgment and order dated 2.8.1990 passed by Munsif Magistrate, VIIth Banda in case no. 1019/IX of 1987 convicting and sentencing the revisionist to undergo nine months rigorous imprisonment and a fine of Rs. 1000/-, in default thereof three months more rigorous imprisonment under Section 7/16 of Prevention of Food Adulteration Act (to be referred in short as Act).
(2.) Brief facts of this case are as follows:- On 27.7.1987 at about 9:00 a.m. Sri R.M. Verma, Food Inspector found that the accused-revisionist was selling or exposing for sale the mixed 660 ml. Milk of cow and buffalo. The Food Inspector took the sample of the said milk after using farmlin according to Rule 3 in three dry phials and after completing necessary formalities, sent the same to the public analyst for examination where the same in question was found deficient that fat of the milk was 11% less. Accordingly, after permission of C.M.O. concerned a complaint was made in the court concerned and a notice was sent to the revisionist under Section 13(2).
(3.) After lodging the complaint learned trial court recorded the evidence of P.W. 1, Sri R.A. Verma, Food Inspector, P.W.-2, Luxmi Prasad Tiwari and perused the record sentencing and convicting the revisionist as above. Appeal of the revisionist is also rejected by Sessions Court and feeling aggrieved this revision has been filed by revisionist.;