N. N. Sharma, J. - (1.)THIS revision is directed against order dated 24-7-82 recorded by Shri Jai Shanker Dubey, V Additional Sessions Jadge, Meerut, who dismissed Criminal Appeal No. 32 of 1981 and upheld the conviction of revisionists as recorded by Sri V. K. Gupta, Judicial Magistrate on 7-1-81 in Case No. 1753 of 1980 under Section 7/16 of Prevention of Food Adulteration Act sentencing each of them to six months' RI and fine of Rs 1,000 each. In default of payment of fine, defaulter was further ordered to undergo three months' imprisonment.
(2.)JAGDISH Prasad revisionist is father of Ram Autar. The revisionist dealt in milk and curds under the style of M/s. JAGDISH Dairy situate in Shahgasha Mandi Mariwara, Meerut.
On 3-5-79 at 8.30 a.m. Chief Food Inspector Sri B. K. Agarwal PW 1 found Ram Autar revisionist selling " seprata " curd. Chief Food Inspector disclosed his identify vide service of the notice exhibit Ka 1 from no. VI. Ram Autar gave the name of the owner as Jagdish Prasad. 600 miligrams of curd was purchased by Food Inspector for a sum of 8.90paisa in presence of witnesses Krishna Gopal etc. vide receipt Ka 2 and memoranda form exhibit Ka 3 was drawn. After samplying in accordance with rules report of public analyst exhibit Ka 4 was obtained, which disclosed fat 0.50 percent and non-fatty milk solids 6.62 percent. Thus there was deficiency of 8.7 per cent in non fatty solids. Necessary sanction for prosecution exhibit Ka 7 was procured by Chief Food Inspector through letter Exhibit Ka 6. The sanction was accorded by Sri B. C.Saxena after perusal of all the papers, complaint was filed in the Court vide Exhibit Ka 8. Revisionist was informed about the matter. Under Section 13 (2) of the Prevention of Food Adulteration Act, the sample was re analysed at the request of revisionist by Director Central Food Laboratory, Ghaziabad, who found milk fat 0.4 percent and milk solids of non-fat 6.4 percent and thus it was found that the sample was below the minimum prescribed standard.

Prosecution examined Sri B. K. Agarwal, Chief Food Inspector PW 1, who proved the aforesaid documents exhibits Ka 1 to Ka 8 and detailed the aforesaid facts.

(3.)IN his statement, Ram Autar admitted the sampling and his signatures on the receipt. He further stated that he did not sit on the shop, but his signatures were forcibly procured.
Jagdish Prasad conceded that the shop belonged to him, but the curd did not belong to him and he did not sell the curd.