RAM SURAT Vs. STATE THROUGH NAGAR SWASTHYA ADHIKARI, NAGAR MAHAPALIKA, ALLD.

JUDGEMENT

(1.) The facts of this revision are that on May 19, 1964 at about 5.45 a.m. Food Inspector Sri M. D. Misra in the service of the Mahapalika, Allahabad was going on his usual rounds with his peons when he found the applicant selling milk in front of 22 Himmat-ganj, Allahabad. Sri M. D. Misra purchased three paos of milk on payment of 47 Paisa. It was further the prosecution case that the Food Inspector sealed the three paos of milk in the presence of the applicant and served him with a notice and also gave him one sealed phial. One of the sealed phials retained by the Food Inspector was sent to the Pubic Analyst Uttar Pradesh, Lucknow who submitted his report Ex. Ka. 3 which showed that the sample was not of the prescribed standard being deficient in fatty and non-fatty contents. The Nagar Swasthya Adhikari then sanctioned the prosecution of the applicant.

(2.) The applicant pleaded not guilty and according to him he was locked in Kotwali and the sample of milk was taken there.

(3.) In order to prove the prosecution case the prosecution examined three witness, namely P.W. 1 Sri M. D. Misra Food Inspector, P.W. 2 Wahid Ahmad Ansari and P.W. 3 Shambhu.