NATHOO LAL Vs. THE STATE

JUDGEMENT

(1.) Nathoo Lal has been convicted under Sec. 7/16 Prevention of Food Adulteration Act and sentenced to R.I. for 8 month and fine of Rs. 1500.00 in default further R.I. for three months.

(2.) The prosecution case was that on 20-7-1977 at about 2:30 a.m. the revisionist on his shop in Bhogaon, district Mainpuri was found for sale adulterated oil. A sample taken by the food inspector was of analysis by the public analyst found to contain only approximately 43% oil remaining being mustard oil. Inasmuch as R.I. 41(e) forbids sale mixture or two or more edible oils as an edible oil and also because the stuff was not of the nature, substance or quality which it purposed m h the oil was found to be adulterated. The revisionist's case was of denial The courts below have found the revisionist guilty.

(3.) Two points were pressed in revision. Firstly it was urged the there can be no malafides on the part of the revisionist in the present case because mustard oil is a costlier oil than Alsi oil. It is not necessary to consider the question of fact involved in this argument because even assuming that mustard oil is as costly as or even costlier than Alsi oil sale of Alsi and mustard oil mixture is unquestionably sale of an adulterated article within the waning of Sec. 2(ia)(a) of the Act.