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1988 Supreme(All) 619

G.B.SINGH
LALLU – Appellant
Versus
STATE – Respondent


Advocates Appeared:
B.P.SRIVASTAVA, V.Bhatia

G. B. SINGH, J.


( 1 ) LALLU, revisionist was convicted under S. 7/16 of the Prevention of Food Adulteration Act and sentenced to six months R. I. and to pay a fine of Rs. 1000/- and in default to undergo three months R. I. by the Additional Chief Judicial Magistrate, Lucknow. Against this order he preferred an appeal which was dismissed by the learned Sessions Judge. Lallu has now preferred this present revision.

( 2 ) THE prosecution case is that on 29-12-1977 Lallu revisionist was found carrying milk in a milk can for sale. The Food Inspector S. K. Varma purchased sample of milk from him. It was described by the revisionist as a mixed milk of cow and buffalo. The Food Inspector paid the price of the sample and obtained receipt from him. He divided the sample into three parts; put it in three phials separately after adding formal in preservative; sealed them and completed other formalities. He sent one phial to the public analyst for analysis and report. The public analyst submitted his report on 10-2-1978 that the milk was adulterated. The Food Inspector thereafter obtained sanction and filed the complaint on 28-10-1978. He sent notice along with the copy of the report and the res












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