NAV RATAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Special leave granted.

(2.) Heard learned counsel for both parties. The appellant has been convicted under Sec. 7 read with Sec. 16 of the Prevention of Food Adulteration Act and sentenced to undergo simple imprisonment for six months and to pay a fine of Rs. 1000.00. The conviction and sentence of the appellant have been upheld by the High Court.

(3.) In our opinion, the courts below have rightly convicted the appellant and we affirm the conviction. However, in view of the fact that the sample of Chilly powder collected from the appellants shop was found to contain only one per cent of ash in excess of the permissible limit of 8%. We reduce the sentence of imprisonment to the period already undergone by the appellant under the provision of the 1st Proviso to Sec. 16 of the Prevention of Food Adulteration Act. So far as the sentence of fine is concerned, that will stand. The appeal is disposed of as above. Sentence reduced.