SHIVAN DASS Vs. STATE

JUDGEMENT

(1.) This is a petition for revision filed by Shivan Dass against his conviction under section 7 read with section 16 of the Prevention of Food Adulteration Act, 1954 and the awarding of sentence of six months' R.I. and a fine of Rs. 1,000.00 for selling carbonated water, by the judgments of the learned Metropolitan Magistrate, dated June 29, 1976. The conviction and sentence was upheld by the learned Additional Sessions Judge by his judgment dated Sept. 16, 1976.

(2.) The adulteration found was 180 p.p.m. excess in saccharin content and 2.75 deficiency in total sugar expressed as sucrose percent.

(3.) The learned counsel for the petitioner at the outset, apart from Challenging the conviction, challenged the sentence as being contrary to the provisions of section 248(2) of the Code of Criminal Procedure, 1973, and thus illegal, as the learned Magistrate after finding the accused-petitioner guilty, did not grant him an opportunity of being heard on the question of sentence.