JHAMAN DAS AND ANOTHER Vs. STATE

JUDGEMENT

(1.) APPLICANTS were convicted by a Magistrate First Class, Varanasi, for an offence Under Section 7 read with Section 16(1)(a)(ii) of the Prevention of Food Adulteration Act and sentenced to six months' rigorous imprisonment and to a fine of Rs. 1000/ - each. In default of payment of fine they were directed to undergo rigorous imprisonment for a further period of six months.

(2.) ON appeal the learned Sessions Judge upheld the conviction and sentences of the Applicants. Hence this revision.

(3.) LEARNED Counsel for the Applicants has argued on the question of sentence only. It is urged that the Applicants are petty shopkeepers who earn their livelihood by selling saltish material. It was the month of December and even if the edibles were not kept in a glass case it may be a technical breach of the rule but its sale was not likely to lead to the prevalence of any infectious disease. There is some force in his contentions.