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1961 Supreme(All) 74

J. SAHAI, B. DAYAL, M. C. DESAI
PREM DAS – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
A.B.SARAN, D.P.MITAL, P.N.Misra, SWAMI DAYAL, V.K.BARMAN

DESAI, C. J.


( 1 ) THE applicant challenges his conviction under Section 16 of the Prevention of Food adulteration Act and the sentence imposed thereunder. In the connected revisions the applicants challenge their convictions under the same provision and the sentences imposed thereunder. It has been found as a matter of faet that" the applicant sold a mixture of buffalo milk and cow milk, a sample of which was taken by an Inspector and sent for chemical analysis. The public analyst reported that the sample contained 5,9 per cent milk fats and 7. 0 per cent non-fatty solid and that it contained 7. 20 per cent added water. He treated the sample as if the two kinds of milk were mixed in equal proportions. It is on the basis of this report of the public analyst that the sample has been found by the court below to be adulterated and the applicant has been convicted under Section 16 of the Act for infringement of provisions of Section 7, which prohibits sale of adulterated food. The case against the applicant was tried as a summons case and after the complaint made by the Inspector was read over to him ho was asked to plead and he pleaded guilty. Previous to the conviction in this case




















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