P.N.Bakshi, J. - (1.) THE applicant has been convicted under Section 7/16 of the Prevention of Food Adulteration Act; and sentenced to 6 months R. I. and a fine of Rs. 1000/- by the Judicial Magistrate, Ballia. His conviction and sentence has been maintained in appeal by the Sessions Judge, Ballia. Hecne this revision.
(2.) I have heard learned counsel for the applicant and have also perused the impugned orders and the record of the case. According to the prosecution cases, the Food Inspector purchased a sample of Pera which the applicant was selling at his shop at 11-30 A. M. on 18th July, 1974, in accordance with law. Out of the three sample phials prepared on the spot, one was sent for analysis. The report of the Public Analyst disclosed that the milk fat contents in the sample in question was only 1.1 percent, whereas the minimum permissible under the: U. P. Pure Food Rules, 1952, was 5 percent. After obtaining sanction, the applicant has been prosecuted and convicted as above. Both the courts below have, on a consideration of the evidence on the record, come to the conclusion that the sample of 'pera' was adulterated and that the offence in question have been fully established. I do not find any illegality or perversity in the finding of fact recorded by the courts below.
(3.) IT is not disputed that the 'Pera' in the question was made out of khoya and 'sugar'. The standard for 'khoya' nasi been prescribed and a minimum of 5 percent of milk fat is required under the U. P. Pure Food Rules, 1952. The report of the Public Analyst, detailed above, to the effect that the milk fat contents were less than the permissible minimum limit of 5 percent prescribed under the U. P. Pure Food Rules, 1952 has not been challenged. Under the U. P. Pure Food Act, 1950, 'Food' means any article of food or drink.................. used for human consumption including any substance which is ordinarily mixed in the preparation of Food. Under the Prevention of Food Adulteration Act, 1954 also Food included any article used as food or drink other than drugs and water for human consumption, as also any article which is used in the composition or preparation of human food. Even after the Amendment of the Prevention of Food Adulteration Act, 1954, by Act no. 34 of 1976, the same definition of 'food' has been given. There can be no doubt that 'khoya' is prepared out of the 'milk' and 'pera' is made out of 'khoya' and 'sugar'. For khoya, a standard has been prescribed which requires a minimum milk fat of 5 per cent. Therefore, when specimen of 'pera' is taken as a sample for analysis, it must contain the minimum amount of milk fat as prescribed under the Rules. The report of the Public Analyst disclosed that the milk fat contents was only 1.1%. Therefore, the sample in question was clearly adulterated. Learned counsel has argued that when sugar is mixed with Khoya, it undergoes a chemical change and its milk fat contents can not be analysed. This question has been considered by a Division Bench of this Court reported in 1979 AWC 468-State of U. P. v. Janki Prasad, wherein the Public Analyst Sri S. B. Singh was summoned and this court held that : "In view of this statement, it was possible for the Public Analyst even after Khoya had been mixed with sugar and converted into 'Pera' to find out the milk fat contents of Khoya used in the preparation of 'pera'. In view of this decision there is no substance in the learned counsel's submission.;