(1.) The applicant was convicted by a First Class Magistrate under Sec. 7 (1), read with Sec. 16 (1) (a) of the Prevention of Food Adulteration Act (Act No; XXXVII of 1954) and sentenced to undergo "rigorous imprisonment for a period of one year in the ordinary class." The offence proved against him was that on 10-7-1957 be sold adulterated milk. While awarding the sentence the Magistrate took into consideration the fact that for a similar offence he was convicted on 29-7-1957.
(2.) The applicant preferred an appeal which was dismissed by the Sessions Judge. In his judgment the learned Sessions Judge wrote that conviction under "Sec. 7 (1) read with Sec. 16-A" of the Act was maintained. He should have been careful in nothing the law under which he was convicting; there is nothing like Sec. 16-A in the Act.
(3.) Sec. 16 (1) (a) reads as follows:-