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1979 Supreme(All) 216

P.N.BAKSHI
Rakam Singh – Appellant
Versus
State – Respondent


P. N. BAKSHI, J.

( 1 ) THE applicant has been convicted under Section 7/16 of the Prevention of Food Adulteration Act and sentenced to 1 years R. I. and a fine of Rs. 1000/ -. In default of payment of fine, he was to further undergo 3 months R. I, His conviction and sentence has been confirmed in appeal by the Sessions Judge, Saharanpur. Hence this revision.

( 2 ) THE prosecution case is that Shiv Prasad Panth, Food Inspector visited Lakhanuti Milk Collection Centre of Foremost Dairy at about 9. 40 A. M. on 9th October, 1974. The milk vendors bring milk to the Centre and sell it to the Foremost Dairy. Applicant Rakam Singh had also brought milk for sale to the Foremost Dairy. The Food Inspector after disclosing his identity purchased a sample of buffalo milk after payment of price. He divided it equally into three bottles in accordance with law. One of the phials was sent to the Public Analyst for his analysis. The report of the Public Analyst disclosed that the sample was deficient in fat contents by 17 per cent and in non-fatty solids by 8 per cent. The sample was judged from the statutory standard of Buffalo milk. After obtaining sanction for prosecution, the applicant has been










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