SAHEB SINGH Vs. STATE

JUDGEMENT

(1.) THESE revisions are directed against an order of the learned Additional Sessions Judge of Agra. , maintaining on an appeal the conviction and sentence of the applicant under Sec. 16 (1) (a) (ii) of the Prevention of Food Adulteration Act.

(2.) THE prosecution case in short was as follows: The Food Inspector, Sri V. N. Singh, detected the applicant selling adulterated milk on January 19, 1962 in a mohalla in the city of Agra. He purchased some milk for sample and after putting it in three sealed bottles according to the rules handed over one of them to the applicant and sent one to the Public Analyst for report. The report of the Public Analyst showed that the sample was mixture of cow and she-buffalo milk and deficient in fat contents by 24%. When the sample was taken Saheb Singh took the plea that he was selling the milk not for himself but on behalf of his employer Gulzari.

(3.) A complaint was filed by the Nagar Swasth Adhikari against Gulzari and the applicant under Section 7/16 of the Prevention of Food Adulteration Act. At the trial the applicant and Gulzari both pleaded not guilty. Gulzari's defence was that the applicant was not his servant and that he had nothing to do with the sale of the milk in question. The applicant, on the other hand, asserted that he was selling that milk not for himself but on behalf of Gulzari. The learned trial Magistrate convicted both Gulzari and Saheb Singh. On appeal, however, the learned Sessions Judge acquitted Guizari, but maintained the conviction of Saheb Singh, though his sentence of fine was reduced from Rs. 600/- to Rs. 300/-, but the sentence of imprisonment was upheld.